Office of Collective Bargaining > Labor Agreements > OCSEA > OCSEA Contract Table of Contents >
ARTICLE 2 - NON-DISCRIMINATION
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This
is a labor agreement with annotations by the Office of Collective
Bargaining.
PLEASE NOTE:Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
The language in this Article continues unchanged from the previous Contract.
Neither the Employer nor the Union shall
discriminate in a way inconsistent with the laws of the United States
or the State of Ohio on the basis of race, sex, creed, color, religion,
age, national origin, political affiliation, disability, sexual orientation,
or veteran status. Except for rules governing nepotism, neither party shall
discriminate on the basis of family relationship. The Employer shall prohibit
sexual harassment and take action to eliminate sexual harassment in accordance
with Section 4112 of the Ohio Revised Code, and Section 703 of Title VII
of the Civil Rights Act of 1964 (as amended).
The Employer may also undertake reasonable accommodation to fulfill or ensure compliance with the Americans with Disabilities Act of 1990 (ADA) and corresponding provisions of Chapter 4112 of the Ohio Revised Code. Prior to establishing reasonable accommodation which adversely affects rights established under this Agreement, the Employer will discuss the matter with a Union representative designated by the Executive Director.
The Employer shall not solicit bargaining unit employees to make political contributions or to support any political candidate, party or issue.
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Arbitration Awards: |
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OCB #826 |
Arbitrator Nelson: Class Action on Grooming Policy; DR&C, 11/20/92. |
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OCSEA #474 |
Arbitrator Nelson held that DR&C’s grooming policy, which provided for different rules for male and female employees, was not discriminatory. |
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OCB #1090 |
Arbitrator Pincus: Grievant Perez Garner; Youth Services, 11/13/95. |
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OCSEA #590 |
Arbitrator Pincus determined that there was just cause to terminate the employee. In order to qualify for FMLA, ADA, or any leave under the collective bargaining Agreement, the employee had an obligation to notify the employer. Because the Grievant failed to meet the requisite notification requirements, he did not qualify for any of the leaves. In the absence of a contractual requirement for the Employer to provide leave, the Arbitrator stated that he was without authority to go outside the provisions set forth in the collective bargaining Agreement and order the Employer to grant leave to the Grievant to cover his absence. Therefore, the Grievant abandoned his job. |
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Attention: |
Staff Representatives, Union Officials; Agency Directors; Agency Labor Relations, Personnel, Human Resources and Legal Divisions. |
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Instructions: |
Agency LRO's must provide notice of accommodation where such accommodation for a disabled employee has an effect on another bargaining unit employee's possible right to a position. The language requires that the Union be informed of accommodations. It does not require that formal negotiations be conducted to resolve issues. Management's role is to decide whether or not to make an accommodation and what the accommodation should be. It is recommended that reasonable accommodation requests by bargaining unit members and requests by non-bargaining unit members which may affect a bargaining unit position be brought to the attention of the Agency's OCB Labor Relations Specialist. |
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No employee shall be discriminated against, intimidated, restrained, harassed or coerced in the exercise of rights granted by this Agreement, nor shall reassignments be made for these purposes.
2.03 - Equal Employment Opportunity/Affirmative Action
The Employer and the Union agree to work jointly to implement positive and aggressive equal employment opportunity/affirmative action programs to prevent discrimination and to ensure equal employment opportunity in the application of this Agreement.
The Agencies covered by this Agreement will provide the Union with copies of equal employment opportunity/affirmative action plans and programs upon request. Progress toward equal employment opportunity/affirmative action goals shall also be an appropriate subject for Labor-Management Committees.