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ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 Purpose

The State of Ohio Employer and the Union recognize that in the interest of harmonious relations, a procedure is necessary whereby employees can be assured of prompt, impartial and fair processing of their grievance.  Such procedure shall be available to all bargaining unit employees and no reprisals of any kind shall be taken against any employee initiating or participating in the grievance procedure.  Since this Agreement provides for final and binding arbitration of grievances, pursuant to Section 4117.10 of the Ohio Revised Code, tThe State Personnel Board of Review shall have no jurisdiction to receive and determine any appeals relating to matters that are the subject of this grievance procedure.

7.02  Definitions

A.     Grievance as used in this Agreement refers to an alleged violation, misinterpretation, or misapplication of specific article(s) or section(s) of the Agreement.

B.     Disciplinary grievance refers to a grievance involving a suspension, a fine, a discharge, or a reduction in pay or position. Probationary employees shall not have access to the disciplinary grievance procedure.

C.     Day as used in this Article means a calendar day, and times shall be computed by excluding the first and including the last day, except when the last day falls on a Saturday, a Sunday, or a legal holiday, the act may be done on the next succeeding day which is not a Saturday, Sunday, or holiday.

7.03 Specific Provision

The grievant shall cite on the grievance form the specific article, section, or combination thereof that he/she alleges to have been violated and the specific resolution requested.  If the grievant fails to cite provision(s) and requested resolution, the supervisor shall return the grievance form to the grievant.

7.04 Grievant

A grievance under this procedure may be brought by any bargaining unit member who believes himself/herself to be aggrieved by a specific violation of this Agreement.  When a group of bargaining unit employees desires to file a grievance involving an alleged violation that affects more than one (1) employee in the same way, the grievance may be filed by the Union.  A grievance so initiated shall be called a Class Grievance.  Class Grievances shall be filed by the Union within fifteen (15) days of the date on which the grievant(s) knew or reasonably could have known of the event giving rise to the Class Grievance.  Class Grievances shall be initiated directly at Step Two (2) of the grievance procedure if the entire class is under the jurisdiction of the Step Two (2) management representative, or at Step Three (3) of the grievance procedure if the class is under the jurisdiction of more than one (1) Step Two (2) management representative.  The Union shall identify the class involved, including the names if necessary, if requested by the agency head or designee.

Union representatives, officers or bargaining unit members  shall not attempt to process as grievances matters which do not constitute an alleged violation of this Agreement.

7.05 Termination of the Issue

When a decision has been accepted by the Employer and the Union at any step of this grievance procedure, or the Employer has granted the grievance, it shall be final and no further use of this grievance procedure in regard to that issue shall take place. It is understood that settlements below Step Three (3) are not precedent setting.

Settlement agreements that require payment  or other compensation shall be initiated for payment within two payroll periods following the date the settlement agreement is fully executed.  If payment is not received within three (3) pay periods, interest at the rate of one percent (1%) shall accrue commencing the first day after the payment was due, and on the same date of subsequent months.

7.06 Grievance Steps

The parties intend that every effort shall be made to share all relevant and pertinent records, papers, data and names of witnesses to facilitate the resolution of grievances at the lowest possible level to the extent that the Health Insurance Portability and Privacy Act (“HIPPA”) allows.  By mutual agreement, the Union and the Agency may waive Steps 1, 2, or 3 of this procedure.  The following are the implementation steps and procedures for handling a member's grievance:

Preliminary/Step 1

A member having a complaint is encouraged to first attempt to resolve it informally with his/her immediate supervisor at the time the incident giving rise to the complaint occurs or as soon thereafter as is convenient.

At this meeting there may be a delegate present.  If the member is not satisfied with the result of the informal meeting, if any, the member may pursue the formal steps which follow:

Step 1 - Immediate Supervisor or Agency Designee Step 2 – Local or Agency Designee

In the event the complaint is not resolved at the Preliminary/Step 1 of this procedure, or if it is the employee’s decision not to discuss the complaint at the Preliminary/Step 1, the grievance shall be reduced to writing and presented to the immediate supervisor local or agency designee within fifteen (15) days of the date on which the grievant knew or reasonably should have had knowledge of the event.

Grievances submitted beyond the fifteen (15) day limit will not be honored.  The grievance at this step shall be submitted to the immediate supervisor or designee on the grievance form.  The immediate supervisor or designee shall indicate the date and time of receipt of the form.  Within seven (7) days of the receipt of the form the immediate supervisor or designee shall hold a meeting with the grievant to discuss the grievance.  At such meeting, the grievant may bring with him/her the appropriate delegate.  The immediate supervisor or designee shall respond to this grievance by writing the answer on the form or attaching it thereto, and by returning a copy to the grievant and delegate within seven (7) days of the meeting.  The answer shall be consistent with the terms of this Agreement.  Once the grievance has been submitted at Step One (1) Two (2) of the grievance procedure, the grievance form may not be altered except by mutual written agreement of the parties.  Meetings will ordinarily be held at the work site in as far as practical.  Written reprimands may be grieved.  The agency designee’s decision shall be final.  Verbal reprimands shall not be grievable.  Employees shall sign indicating receipt of a verbal reprimand and the verbal reprimand shall be placed in the personnel file.

Suspension, Fine, Discharge and Other Advance-Step Grievances

Certain issues which by their nature cannot be settled at a preliminary step of the grievance procedure or which would become moot due to the length of time necessary to exhaust the grievance steps may, by mutual agreement, be filed at the appropriate advance step where the action giving rise to the grievance was initiated.  A grievance involving a suspension, a fine, a reduction in pay and/or position or a discharge shall be initiated at Step Three (3) of the grievance procedure within fifteen (15) days of the notification of such action.  Grievances filed as a result of non-selection for promotions must be filed directly at Step Three (3) with the agency where the vacancy was posted.

Discharge Grievances

The Agency shall forward a copy of the discharge grievance with the grievance number to the Office of Collective Bargaining at the time the grievance is filed at Step Three (3).  The Agency shall conduct a meeting and respond within sixty (60) days of the date the grievance was filed at Step Three (3).  If the grievance is not resolved at Step Three (3) the parties shall conduct a mediation within sixty (60) days of the due date of the Step Three (3) response.  Nothing in this section precludes either party from waiving mediation and proceeding directly to arbitration.  The Union may request arbitration of the grievance within sixty (60) days of the date of mediation, but no more than one hundred eighty (180) days of the filing of the grievance.  The parties shall conduct an arbitration within sixty (60) days of the date of the arbitration request.  The parties agree that there shall be no more than one (1) thirty (30) day continuance requested for arbitration.  If a cancellation is initiated by an arbitrator, the arbitration shall be conducted within thirty (30) days of the cancellation.  However, grievances involving criminal charges of on-duty actions of the employee, grievants unable to attend due to a disability, or grievances involving an unfair labor practice charge may exceed the time limits prescribed herein. 

Step 2 - Next Level Supervisor or Agency Designee

Should the grievant not be satisfied with the written answer received in Step One (1), within seven (7) days after the receipt thereof, the grievant may appeal the grievance to the next level supervisor or agency designee and request that the meeting contemplated by this step be scheduled.

Upon receipt of the grievance, the next level supervisor or agency designee shall indicate the date and time of receipt on the grievance form.  The next level supervisor or agency designee shall hold a meeting and respond to the grievance within fourteen (14) days of receipt of the grievance.  At the hearing the grievant may be accompanied by the appropriate delegate and/or organizer.  The next level supervisor or designee shall respond to the grievance by writing the answer on the grievance form or by attaching it thereto and returning a copy to the grievant and the delegate.  Meetings will ordinarily be held at the work site in as far as practical.  Written reprimands may be grieved directly to Step Two (2).  The decision at Step Three (3) shall be final.  Verbal reprimands shall not be grievable, nor shall they be placed in an employee's personnel file.

Step 3 - Agency Head or Agency Designee

Should the grievant not be satisfied with the written answer received in Step Two (2), within seven (7) days after the receipt thereof, the grievance shall be filed with the agency head or designee.  When different work locations are involved, transmittal of grievance appeals and responses shall be by U.S. Mail.  The mailing of the grievance appeal form shall constitute a timely appeal, if it is postmarked within the appeal period.  Likewise, the mailing of the answer shall constitute a timely response, if it is postmarked within the answer period.  Upon receipt of the grievance, the agency head or designee shall hold a meeting within thirty (30) days after the receipt of the grievance.  At the Step Three (3) meeting the grievance may be granted, settled or withdrawn, or a response shall be prepared and issued by the Agency head or designee, within fourteen (14) days of the meeting.  Any grievances resolved at Step Three (3) or at an earlier step of the grievance procedure shall not be precedent setting at other institutions or agencies unless otherwise specifically agreed to in the settlement.  The grievant may be accompanied at this meeting by a delegate and/or an organizer.  The inability of a delegate or organizer to be present at such meeting after reasonable attempts to schedule will permit the agency head or designee to render a decision based on documents only. 

7.07  Arbitration

A.     Arbitration Panel

Within thirty (30) days after this Agreement becomes effective, the Employer and the Union shall select a panel of four (4) arbitrators.  The panel shall be assigned cases in rotation order designated by the parties.  Each arbitrator/mediator shall serve for the duration of this Agreement unless the arbitrator/mediator's services are terminated earlier by written notice from either party to the other.  The arbitrator/mediator shall be notified of such termination by a joint letter from the parties.  The arbitrator /mediator shall conclude his/her services by deciding any grievance(s) previously heard.  A successor arbitrator/ mediator shall be selected by the parties.

The method of selection and all other questions regarding this section shall be jointly agreed to by the parties.

Within sixty (60) days of the effective date of this Agreement, the parties will mutually agree on a set of rules of arbitration.  Insofar as is practical the rules will be based on the Voluntary Rules of the AAA.

B.     Witnesses

The agency agrees to allow a reasonable number of necessary witnesses requested by the Union time off with pay at regular rate to attend the arbitration hearing.

C.     Expenses

All other fees and expenses of the arbitrator shall be shared equally by the parties, except as expressly provided in this Article.

If one (1) party desires a transcript of the proceedings, the total cost for such transcription shall be paid by the party desiring the transcript.  If the other party desires a copy, then the cost for the copy shall be borne by the requesting party.  The parties agree that normally transcripts will not be requested.

D.    Arbitration Decisions

The arbitrator shall render the decision as quickly as possible, but in any event, no later than thirty (30) forty-five (45) days after the conclusion of the hearing unless the parties agree otherwise. (Disciplinary arbitration decisions shall be submitted on the expedited schedule listed in that section.)  The arbitrator shall submit an accounting for the fees and expenses of arbitration to both parties.  The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issues submitted to arbitration.

E.     Arbitrator Limitations

1.      Only disputes involving the interpretation, application or alleged violation of a provision of this Agreement shall be subject to arbitration.  The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement, nor shall he/she impose on either party a limitation or obligation not specifically required by the express language of this Agreement.  Questions of arbitrability shall be decided by the arbitrator.  Once a determination is made that a matter is arbitrable, or if such preliminary determination cannot be reasonably made, the arbitrator shall then proceed to determine the merits of the dispute.

2.      The arbitrator shall have authority to subpoena witnesses pursuant to Section 2711.06, of the Ohio Revised Code.  Upon receiving a request to issue a subpoena(s) the arbitrator shall contact the other party and hear and consider objections to the issuance of said subpoena(s).  If the arbitrator sustains the objection to the issuance of the subpoena, the arbitrator shall inform the parties at least five (5) days prior to the hearing.  The arbitrator shall not subpoena persons to offer repetitive testimony.

3.      When the arbitrator determines that so many employees from the same facility have been subpoenaed that would impede the ability of the agency to carry out its mission or inhibit the agency's ability to conduct an efficient operation, he/she shall make alternate arrangements to hear the testimony.

F.      Binding Decisions

Arbitrators' decisions under this Agreement shall be final and binding.

G.    Issues

Prior to the start of an arbitration hearing under this Agreement, the Employer and the Union shall attempt to reduce to writing the issue or issues to be placed before the arbitrator.  The arbitrator's decision shall address itself solely to the issue or issues presented and shall not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute which is not specifically related to the submitted issue or issues.

7.08 Disciplinary Grievances and Arbitrations

An employee with a grievance involving a suspension or a fine of more than three (3) days, a discharge, or reduction in pay and/or position shall be subject to an expedited grievance/arbitration procedure and shall be excluded from the regular procedure outlined in Section 7.06.  In this expedited procedure the grievance is filed directly at Step Three (3 except that probationary employees shall not have the right or ability to file disciplinary grievances under this Agreement.  If the employee and/or the Union is not satisfied with the answer at Step Three (3), he/she or the Union may submit the disciplinary grievance to expedited arbitration by sending written notice to the Deputy Director of the Office of Collective Bargaining with a copy to the agency head or designee within ten (10) days of the receipt of the Step Three (3) answer.

The hearing under this expedited procedure shall be conducted by the next panel arbitrator in a special disciplinary rotation who is able to schedule a hearing within thirty (30) days.  By mutual consent, the parties may waive the hearing and submit the issue on written material only.

If both parties mutually agree at the conclusion of the hearing, the arbitrator may issue a bench ruling sustaining or denying the grievance or modifying the discipline imposed or issue a short written decision within five (5) days of the close of the hearing.  The written decision shall include only a statement of (1) the granting of the grievance, or (2) a denial of the grievance, or (3) a modification of the discipline imposed, and a short examination of the reasoning leading to the decision.

By mutual agreement, the parties may reduce to writing their version of what happened along with the names of any witnesses to the incident(s) giving rise to the discipline or any facts surrounding same.  The parties will exchange these written statements at least fifteen (15) days prior to the arbitration hearing.

On the day of the hearing, the arbitrator shall consider the arguments of the representatives of each party, the testimony of any witnesses and the written statements, if any.  Documents may be entered by either side.

Only suspensions, reduction in pay and/or position, fines, or discharge shall be arbitrable under this Agreement.

7.098 Non-Traditional Arbitration

A.     The parties agree to utilize a variety of non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. These decisions will then be codified as a withdrawal of the grievance or as a settlement agreement.  The arbitrator shall issue a written decision to the parties by the end of the hearing day.  Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties.

B.     Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than three (3) five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, Iin disciplinary grievances of three (3) five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise.  In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed.  tThe Employer and the Union are limited to one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the union witness.  The arbitrator may ask questions of the witness or the grievant.

C.     The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.

D.     Six months after the implementation of Non-Traditional Arbitration, the parties shall meet to discuss any issues regarding the processing of grievances through the grievance procedure.  Any changes to the grievance procedure must be mutually agreed to by both parties.

7.1009 Representation

In each step of the grievance procedure outlined in this Article, certain specific Union representatives are given approval to attend the meetings therein prescribed.  It is expected that, in the usual grievance, these plus the appropriate employer representatives will be the only representatives in attendance at such meeting; however, necessary witnesses may attend on paid time.

7.1110 Miscellaneous

A.     Extensions and Mutual Agreement

By mutual consent, the Employer and the Union may alter any of the procedures set forth in the Article.

The grievant or the Union representative and representatives of the Employer may mutually agree at any point in the procedure to a time extension.

Approved leave with pay shall constitute an automatic time extension to the grievant with respect to such days.  In the absence of such mutual extensions the grievant or the Union may, at any step where a response is not forthcoming within the specified time limits, move the grievance along to the next step in the procedure and proceed therein as though the answer at the prior step had been given and was unsatisfactory.  Failure of the grievant to appeal a grievance to the next step of the grievance procedure within the time constraints specified in this Agreement, shall be considered an acceptance of the last answer given.  In the event of an emergency situation which precludes the grievant from attending a scheduled meeting or authorizing a delegate to appear in his/her behalf, the grievant shall notify the agency as soon as possible and the meeting will be rescheduled.

Within Steps One (1) and Two (2), if the agency fails to respond to the grievance within the specified time limits, the grievance shall proceed to the next step in the procedure as though the answer at the prior step had been given and was unsatisfactory.

B.     Hearing Waiver

By mutual consent the Employer and the Union may waive a hearing and submit the issue solely on written materials.

7.1211 Grievance Forms

Grievance forms mutually agreed to by the Employer and the Union may be obtained from a designated source at each facility and/or the union delegate.