Office of Collective Bargaining > Labor Agreements > OCSEA > OCSEA Contract Table of Contents >
ARTICLE 6 - PROBATIONARY EMPLOYEES
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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. |
A. New Hires, Promotions and Lateral Transfer to a Different Classification
All newly hired,
and promoted employees, and employees
who are laterally transferred to a different classification
employees shall serve a probationary period. The probationary
period shall be one hundred twenty (120) days for classifications paid at
grades 1 to 7 and grades 23 to 28 or one hundred eighty (180) days for classifications
paid at grades 8 to 12 and grades 29 to 36. However, the Disability Claims
Adjudicator 1, Reclamation Inspector 1, Realty Specialist 1 and all Attorney classifications, shall have a probationary period of
twelve (12) months from the effective date of hire, lateral transfer or
promotion.
Probationary periods for Correction Officers (CO) and Juvenile Correctional Officers (JCO) shall be for a period of three hundred sixty five (365) days. Employees who have served a probationary period in another classification shall have the length of the probationary period, up to a maximum of six months, credited toward the Correction Officer and Juvenile Correctional Officer probationary period. Following the completion of six months of the probationary period, COs and JCOs shall be given the opportunity to select work assignments under the institution’s pick-a-post agreement.
The probationary period for all other employees of the Department of Rehabilitation and Correction and Department of Youth Services shall be one hundred eighty (180) days. The probationary period will commence when the employee completes the initial period of training at the Correction Training Academy or the Department of Youth Services Training Academy. Periods worked by such employees prior to attending such training shall be credited toward the probationary period. Employees who are laterally transferred or promoted shall begin their probationary period on the effective date of the lateral transfer or promotion.
The performance of each employee within the Department of Rehabilitation and Correction and the Department of Youth Services shall be reviewed at least every two (2) months during the probationary period.
A probationary period for an employee may be extended by mutual agreement between the Union and Management.
During a lateral transfer to a different classification or promotional probationary period, the Employer maintains the right to place the employee back in the classification that the employee held previously if the employee fails to perform the job requirements of the new position to the Employer's satisfaction.
During an initial probationary period, the Employer shall have the sole discretion to discipline or discharge probationary employee(s) and any such probationary action shall not be appealable through any grievance or appeal procedure contained herein or to the State Personnel Board of Review.
An
employee's probationary period may be extended by a period equal to employee
leaves of fourteen (14) consecutive days or longer, except for approved
periods of vacation leave. E.g. For example, disability leave, adoption/childbirth,
or any other leaves of fourteen (14) consecutive days or longer shall not
be counted toward the employee’s original initial
or promotional probationary period.
The Employer will not modify the duration of a probationary period of a classification(s) without the agreement of the Union.
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Explanation: |
The language regarding probationary periods for different types of employee movements has been placed in separate sub-sections for clarity. Employees within DYS and DR&C will serve a 180-day probationary period. (Please note that step increases continue at 120 or 180 days under Section 36.06. Probationary step movement is not affected by the freezing of step increases.) This Sub-section also establishes in DR&C and DYS that probationary employees will be reviewed every two (2) months. Language of this Section clarifies that an employee’s probationary period shall be extended for the period of time the employee is on one of the listed types of leave. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
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Arbitration Awards: |
OCB Award # 1357 OCSEA Award #698 |
Arbitrator David M. Pincus: Grievant Carolyn Detty; DR&C; 3/29/99. Grievant was removed on the last day of her probationary period. Grievant was required to remain one-half hour after her last shift to receive her termination notice. Grievant’s termination notice stated her removal would be effective on the day after the probationary period ended. Arbitrator Pincus held that the clear language of the contract defined the probationary period in terms of days rather than shifts. Arbitrator Pincus also held that the Grievant had notice that she was being removed on the last day of her probationary period, notwithstanding the information contained in her termination notice. |
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Effective Date: |
March 1, 2003 – February 28, 2006 |
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B. Lateral Transfer within the Same Classification
Where a single classification involves work which varies substantially among different positions within the classification, the Employer may require employees who are laterally transferred in the same classification to serve a trial period equal to one-half of the regular probationary period for the classification, during a lateral transfer trial period, the employee may elect to return to his/her previous position or, if the employee fails to perform the job requirements of the new position to the Employer's satisfaction, the Employer may place the employee back in the position the employee previously held.
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Explanation: |
The language regarding probationary periods for different types of employee movements has been placed in separate sub-sections for clarity. This Sub-section clarifies that employees accepting lateral transfers within the same classification may be required to serve a trial period. Employees maintain the right to return during the trial period to their previous position. The Employer also maintains the right during the trial period to return the employee to the previous position, if the employee fails to perform to the Employer’s satisfaction. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
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Effective Date: |
March 1, 2003 – February 28, 2006 |
C. Demotion
The Employer may require employees who are demoted pursuant
to Article 17.04 to serve a trial period equal to one-half of the regular
probationary period for the classification, during a trial period, the employee
may elect to return to his/her previous position or, if the employee fails
to perform the job requirements of the new position to the Employer's satisfaction,
the Employer may place the employee back in the position the employee previously
held.
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Explanation: |
The language regarding probationary periods for different types of employee movements has been placed in separate sub-sections for clarity. This Sub-section clarifies that employees accepting a demotion may be required to serve a trial period. Employees maintain the right to return during the trial period to their previous position. The Employer also maintains the right during the trial period to return the employee to the previous position, if the employee fails to perform to the Employer’s satisfaction. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
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Effective Date: |
March 1, 2003 – February 28, 2006 |
D. Inter-Agency Transfer
Employees who accept an inter-agency transfer pursuant to Article 17, shall serve an initial probationary period. If the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may remove the employee. The employee may not challenge such removal.
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Explanation: |
The language regarding probationary periods for different types of employee movements has been placed in separate sub-sections for clarity. Inter-Agency Transfers are defined in Article 17 as any movement to a different agency. This language clarifies that an employee moving to a new agency shall serve an initial probationary period. If the employee does not satisfactorily complete the probationary period, the Employer may remove the employee. As with new hires, an inter-agency transfer probationary removal cannot be grieved. Only employees who accept an inter-agency transfer to a higher pay range will be eligible to move to the next higher step at the end of the probationary period. Employees requesting Inter-Agency Transfers shall be permitted to transfer applicable leave balances to their new agencies (i.e. sick, vacation and personal leave). Compensatory time does not transfer upon an Inter-Agency Transfer. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
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Effective Date: |
March 1, 2003 – February 28, 2006 |
E. Cross-Collective Bargaining Agreement Rights
Employees who are in a classification outside of those covered by this Collective Bargaining Agreement and who accept a position in a classification covered by this Collective Bargaining Agreement shall serve an initial probationary period. If the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may remove the employee. The employee may not challenge such removals.
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Explanation: |
The language regarding probationary periods for different types of employee movements has been placed in separate sub-sections for clarity. The new language of this Sub-section addresses the conflict-of-agreements question that arises when employees transfer in from positions covered by other Collective Bargaining Agreements (“CBA’s”). This sub-section makes clear that the OCSEA contract prevails and employees entering a position within OCSEA shall serve an initial probationary period. If the employee does not satisfactorily complete the probationary period, the Employer may remove the employee. As with new hires, a cross-collective bargaining agreement transfer probationary removal cannot be grieved. Only employees who accept a cross-collective bargaining agreement transfer to a higher pay range will be eligible to move to the next higher step at the end of the probationary period. |
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Attention: |
Labor Relations, Human Resources and Personnel Officers; Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
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Effective Date: |
March 1, 2003 – February 28, 2006 |
6.02
- Promotional/Lateral Transfers Probationary Period
Employees who are promoted or laterally transferred to a different
classification shall serve a probationary period pursuant to Section 6.01.
[Already stated in 6.01 (A).]
Where a single classification
involves work which varies substantially among different positions within
the classification, the Employer may require employees who are laterally
transferred in the same classification to serve a trial period equal to
one-half of the regular probationary period for the classification, during
a lateral transfer trial period, the employee may elect to return to his/her
previous position or, if the employee fails to perform the job requirements
of the new position to the Employer's satisfaction, the Employer may place
the employee back in the position the employee previously held.
[Moved to 6.01 (B).]
The Employer may require employees who are demoted pursuant
to Article 17.04 to serve a trial period equal to one-half of the regular
probationary period for the classification, during a trial period, the employee
may elect to return to his/her previous position or, if the employee fails
to perform the job requirements of the new position to the Employer's satisfaction,
the Employer may place the employee back in the position the employee previously
held. [Moved to 6.01 (C).]
6.02
6.03
- Conversion of Temporary, Intermittent, Interim, Welfare to Work Initiative
or Seasonal Employees
A temporary, intermittent, interim, funded position under a Welfare to Work Initiative or seasonal employee who becomes a permanent employee in the same agency, classification and job duties will be credited with their time served, but no more than one-half (1/2) the length of the probationary period for that classification.