Office of Collective Bargaining > Labor Agreements > OCSEA > OCSEA Contract Table of Contents >
|
Arbitration Awards: |
|
|
OCB #689 OCSEA #390 |
Arbitrator Pincus: Grievant Carl Luebking; Employment Services, 11/14/91. This case provides guidance with regard to federal law preemption and veterans' preference where required by federal statute. This award provides language concerning conflicts between the contract and federal law. |
|
OCB #791 OCSEA # 454 |
Arbitrator Graham: Grievant Mary Douglas-Lacy; ODNR, 5/5/92. This case is supportive of the State's right to reorganize for efficiency and economy. |
|
OCB #797 OCSEA #459 |
Arbitrator Drotning: Grievant George Stringfellow, et al; MRDD,6/10/92. This case provides good language supporting management's lay off rights under Articles 18 and 38 (Technological Change). |
|
OCB #798 OCSEA #460 |
Arbitrator Anna Duval Smith: Grievant Russell Boyce, et al; Mental Retardation, 5/5/92. This case supports the State's right to implement an abolishment for the purpose of a reorganization for efficiency and economy. |
|
OCB #830 OCSEA #476 |
Arbitrator Rivera: Grievant Ann Throckmorton; Ohio High Speed Rail Authority, 11/20/92. The State prevailed in its rationale that the assumption of minor duties of a former bargaining unit position by a manager was not usurpation of bargaining unit work. |
|
OCB #834 OCSEA #478 |
Arbitrator Feldman: Grievant David Slone, et al; Mental Health, 11/30/92. This case involves abolishments/layoffs for reasons of economy, efficiency, and permanent lack of work. |
|
OCB #842 OCSEA #483 |
Arbitrator Rivera: Grievant Kenneth Hilliard; ODNR, 10/23/92. This case involved the abolishment of a lead worker position where the lead worker did not have the requisite licensure to provide functional supervision. |
|
OCB #1029 OCSEA #565 |
Arbitrator Bowers: Grievant Diane DiBianca; Mental Health, 1/17/95. The Arbitrator found no violation of Article 18 based on the fact that the Grievant's work at the time of the abolishment and layoff consisted of newspaper activities and non-training printing shop activities. These duties were not set forth in the position description for the position occupied by the Grievant prior to the abolishment. The Arbitrator also found that the Employer had not eroded the bargaining unit. |
|
NOTE: |
There are additional layoff cases on file. Management Representatives should call OCB Dispute Resolution or for additional information. Union Officials should call OCSEA Dispute Resolution for additional information. |
ARTICLE 18 – LAYOFFS
|
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. |
Layoffs of employees covered by this Agreement shall be made pursuant to ORC 124.321-.327 and Administrative Rule 123:1-41-01 through 22, except for the modifications enumerated in this Article.
|
Arbitration Award: |
|
|
OCB #937 OCSEA #529 |
Arbitrator Graham: Grievant George Mychkovsky; Natural Resources, 12/28/93. The Arbitrator found that the Grievant was qualified based upon his education and previous experience. The Arbitrator pointed out that the Grievant possesses a Master’s degree while the incumbent has only a Bachelor’s Degree. The Grievant also has a longer work history than the incumbent. The Arbitrator added that the requirement to have had four courses in hydrogeology was not met by the incumbent let alone the Grievant. Finally, the Arbitrator added that the Grievant cannot be expected to know all of the intricacies of the position immediately after bumping into the position. There must be some sort of informal learning period. |
Retention points shall not be considered or utilized in layoffs. Performance evaluations shall not be a factor in layoffs. Layoffs shall be on the basis of inverse order of state seniority. After the formal notice of layoff has been issued, an employee may volunteer to accept a lay off up until two weeks prior to the effective date of the layoff.
If the affected employee is not qualified to perform the duties of the least senior person, the employee will be able to displace the next least senior person to a position he/she is qualified to perform.
An employee shall not be required to accept a position with a lesser appointment type until the employee has had the opportunity to exercise displacement rights pursuant to 18.04. This does not prevent an employee in a part-time appointment category from bumping an employee in a full-time category.
For purposes of this Article “classification series” is defined as those classifications with the same first four digits of the classification series number.
At any time, an employee can choose to accept a vacancy in lieu of bumping. Employees must exhaust all available bump options in their appointment type including vacancies before they are eligible to displace in the agency geographic jurisdiction.
|
Arbitration Awards: |
|
|
OCB #914 OCSEA #518 |
Arbitrator Loeb: Grievant Randy McAtee; Mental Health, 10/18/93. The Union was not able to challenge the State's decision to alter the method of operation. The savings realized by eliminating an employees salary and benefits was not, in and of itself, sufficient economic reason to justify abolishment. The State failed to show documentation to support its claims that there were economic benefits resulting from the decision to alter the method of operation. Without this evidence, the only benefit the Employer could show from the abolishment was the savings of wages and benefits. With this in mind, the Arbitrator found that the Employer then must show a lack of work in order to uphold the abolishment. The Union was able to show through testimony that the Food Consultant and the Food Service Manager had been performing the Grievant's duties in his absence. Management failed to show through a preponderance of evidence that there was such a lack of work to justify the abolishment. |
|
OCB #994 OCSEA #554 |
Arbitrator Loeb: Grievant Stephen Thompson; Mental Health, 8/9/94. The Arbitrator agreed with the State's argument that only individuals who could challenge the rationale are those employees first effected by the abolishment; however the Arbitrator also agreed with the Union's claim that the grievance is their responsibility and thus the rationale of the abolishment could be challenged by the Union. |
|
OCB #1029 OCSEA #565 |
Arbitrator Bowers: Grievant Diane DiBianca; Mental Health, 1/17/95. The Arbitrator found no violation of Article 18 based on the fact that the Grievant's work at the time of the abolishment and layoff consisted of newspaper activities and non-training printing shop activities. These duties were not set forth in the position description for the position occupied by the Grievant prior to the abolishment. The Arbitrator also found that the Employer had not eroded the bargaining unit. |
|
Explanation: |
The new language sets forth general guidelines to be applied to the Layoff Procedure. Voluntary layoffs may only be taken after an employee has received formal notice of a layoff. |
|
Instructions: |
When implementing a layoff or abolishment the general guidelines contained in Section 18.02 must be applied to the bumping or displacement process. |
|
Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Officers, Arbitration Advocates, Supervisors, Managers |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
18.03 - Implementation of Layoff Procedure
The Employer shall conduct a "paper layoff" except where agencies are funded by multiple funding sources where a reduction in a funding source requires the agency to reduce positions immediately. In such situations, the Employer may implement the first round of reductions without conducting a "paper layoff". In this instance, where the resulting bumping requires a second round of layoffs, the Employer will then conduct a "paper layoff".
The agency shall submit notice of a layoff to the Union no later than the time at which the agency submits its rationale to DAS/Division of Personnel. The Union shall be provided an opportunity to discuss the layoff with the Employer prior to the date of the “paper layoff”.
Paper Layoff
The Employer shall execute
a layoff by identifying a time period when all potentially affected employees
can exercise their bumping options order of displacement before implementation
of the "paper layoff". All affected employees shall exercise their
bumping options order of
displacement in writing, or by confirmed
telephone communication, so that once the "paper layoff" is
implemented, employees that have bumping rights shall assume their
new positions or be placed on the recall list.
The parties agree to
establish an operations area that can be used to coordinate the layoff and
related personnel transactions during the time period when employees
will be exercising their options assignments will be confirmed. This
operations area will include necessary management and the union representatives.
OCSEA staff representatives may also be in attendance.
This procedure shall provide for the following:
A.
The Employer and the Union will share all information about employee
electives the order of displacement and will make all reasonable efforts
to assure that each employee receives this notice and
returns the order of displacement form. and forwards a
written selection of their electives.
B.
All potentially affected employees will be given and
will complete a bumping selection an
Order of Displacement f Form that identifies potential options. Each employee
will select options available to them and will list them in the order of
their priority. Employees will be given five (5) working days to complete
and return the forms. Copies of the forms will be sent
by the Employer to the Union.
C. All operations areas will have a specific schedule that will be made known to all representatives and employees.
D.
Work shall be divided by classification groups to limit the number
of people that need to be contacted in a time period. All employees
will be advised that they will receive written notice of their final status
when the displacement process is completed.
E.
If an employee has not completed the "displacement selection
form" Order of Displacement Form and cannot
be reached within fifteen (15) minutes, a union designee will make a selection
on the employee's behalf. The selection will be to the least senior person
in the same classification shall be based on the criterion set forth in this
Article. If the employee is unable to utilize this right,
the employee will be placed in the least senior position in the same or
similar class grouping (Appendix I) in descending order. This choice
will be final.
F. At the time the Order of Displacement Form is given to affected employees, the appropriate seniority list in regards to Appendix J shall be made available to the employees for review when completing the Order of Displacement Form.
|
Arbitration Awards: |
|
|
OCB #689 OCSEA #390 |
Arbitrator Pincus: Grievant Carl Luebking; Employment Services, 11/14/91. This case provides guidance with regard to federal law preemption and veterans' preference where required by federal statute. This award provides language concerning conflicts between the contract and federal law. |
|
OCB #791 OCSEA #454 |
Arbitrator Graham: Grievant Mary Douglas-Lacy; ODNR, 5/5/92. This case is supportive of the State's right to reorganize for efficiency and economy. |
|
OCB #797 OCSEA #459 |
Arbitrator Drotning: Grievant George Stringfellow, et al; MRDD, 6/10/92. This case provides good language supporting management's lay off rights under Articles 18 and 38 (Technological Change). |
|
OCB #798 OCSEA #460 |
Arbitrator Anna Duval Smith: Grievant Russell Boyce, et al; Mental Retard, 5/5/92. This case supports the State's right to implement an abolishment for the purpose of a reorganization for efficiency and economy. |
|
OCB #830 |
Arbitrator Rivera: Grievant Ann Throckmorton; Ohio High Speed Rail |
|
OCSEA #476 |
Authority, 11/20/92. The State prevailed in its rationale that the assumption of minor duties of a former bargaining unit position by a manager was not usurpation of bargaining unit work. |
|
OCB #834 OCSEA #478 |
Arbitrator Feldman: Grievant David Slone, et al; Mental Health, 11/30/92. This case involves abolishments/layoffs for reasons of economy, efficiency, and permanent lack of work. |
|
OCB #842 OCSEA #483 |
Arbitrator Rivera: Grievant Kenneth Hilliard; ODNR, 10/23/92. This case involved the abolishment of a lead worker position where the lead worker did not have the requisite licensure to provide functional supervision. |
|
NOTE: |
There are additional layoff cases on file. Please call OCB/Dispute Resolution or OCSEA/Dispute Resolution for additional information. |
|
Explanation: |
This new language incorporates an adjusted “paper layoff” process to reflect the new order of displacement concept. |
|
Instructions: |
Employees shall be given an Order of Displacement Form which replaces the “bumping options” in the paper layoff process. Also, seniority lists shall be made available to employees so that they may fill out the form. Seniority lists can be posted or provided to the local Union Officials in order to accomplish this requirement. There is no requirement to provide each individual employee with a seniority list. |
|
Attention: |
Agency Labor Relations and Personnel Officers, Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
18.04 - Bumping in the Same Office, Institution or
County
The affected employee
may bump any less the least senior employee in an equal
or lower position in the same, similar or related class series within the
same office, institution or county (see Appendix I) provided that the
affected employee is qualified to perform the duties. Displacement shall occur in the following manner:
A. Bump the person with the least state seniority in the same classification title.
B. Bump the person with the least state seniority in a classification in the same or equal pay range.
C. Bump the person with the least state seniority in the next lower classification title in the classification series from which they were displaced.
D. Bump the person with the least state seniority in a classification in the same or equal pay range of the classification title used in Section 18.04(C), in descending order.
If there are no agency specific or local agreements to the contrary, employees covered by work area agreements will be recanvassed.
|
Arbitration Awards: |
|
|
OCB #990 OCSEA #551 |
Arbitrator Nelson: Grievant Betty Jarvis; Transportation, 7/23/94. The Arbitrator found that the Grievant had 30 days from when he or she "became or reasonably should have become aware of the occurrence giving rise to the grievance." The grievance was filed timely because the event that started the time clock was the date that the first employee was restored to her position by the previous arbitration decision. The Arbitrator then ruled that the Grievant should be restored to her position as an Administrative Assistant 1. |
|
Explanation: |
Employees may no longer bump “any least” senior employee in the same, similar or related classification series. Displacement now occurs in the order set forth above within the same or similar classification series in Appendix I. |
|
Instructions: |
Apply the general guidelines set forth in Section 18.02 to the order of displacement. |
|
Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Officers, Department of Administrative Services, Human Resources Division |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
18.05 - Bumping in the Agency Geographic Jurisdiction
If the affected employee is unable
to bump within the office, institution or county, then the affected employee
may bump the least senior employee in an equal or
lower position in the same, similar or related classification series (see
Appendix I) shall have the option to bump a less senior
employee in accordance with Section 18.03 and
within the appropriate geographic jurisdiction of their Agency (see Appendix
J) in accordance with 18.04, except
that the manner of bumping is modified as follows: provided
that the affected employee is qualified to perform the duties.
A. Affected employees will be asked to prioritize the choices pursuant to Appendix J where bumping options may be available.
B. Once the affected employee identifies their priorities per Appendix J, the employee shall bump into a vacancy in the same classification. If no vacancy is available, then the order of bumping identified in 18.04 shall be followed.
|
Explanation: |
Employees may bump the least senior employee in a priority order within an equal or lower position within the same, similar or related classification series. |
|
Attention: |
Staff Representatives, Union Officials; Agency Labor Relations, Personnel Officers; and Department of Administrative Services, Human Resources Division. |
|
Instructions: |
Employees are required to bump into a vacancy in the same classification within the geographic jurisdiction before the order of bumping in Section 18.04 is utilized within the jurisdiction. Agencies should only raise a challenge to an employee’s bumping rights when there is evidence the employee lacks the necessary skills, knowledge and/or experience. Management may raise the question of an employee’s qualification to perform the duties of a position, as early as the paper layoff, but must raise such question prior to the date of layoff. |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
18.06 - Previously Held Classifications
If the affected employee has exhausted all of his/her bumping rights as set forth in Sections 18.04 and 18.05, then the affected employee shall have the option to bump the least senior employee in the classification, within the geographic jurisdiction as defined by Appendix J, which the affected employee had most recently held within the five (5) year period in the chronological order that other classifications were previously held.
|
Arbitration Awards: |
|
|
OCB #785 |
Arbitrator Rivera: Department of Administrative Services grievance; 5/21/92. This decision provides an interpretation of the applicability of the "five year" rule specified in the ORC/OAC. |
|
Attention: |
Agency Labor Relations and Personnel Officers,Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
|
Instructions: |
An employee's options under the five-year rule should be placed on the written selection of electives given to each employee affected by the layoff. The Agency shall notify the employee into which groupings s/he is permitted to bump; if the employee's grouping is not listed on the selection list, the employee needs to notify the designated management representative before the date of the paper layoff. |
18.07 - Bumping Outside the Unit
A. Bargaining unit employees shall first exhaust all bumping rights under Sections 18.04, 18.05 and 18.06. If no bumps are available, they may bump outside the bargaining unit into exempt classifications with lesser appointment category (type) according to the order of layoff provisions found in the Revised Code and Administrative Code and incorporated by reference into this Article.
Bargaining Unit employees who bump exempt positions in lesser appointment categories (types) that are outside the bargaining unit shall be given the maximum retention points available for their performance evaluations. This award of retention points is to be done under the Code provisions that state if a performance evaluation is not completed, the employee receives the maximum points available [123:1-41-09(B)(3)]. The remainder of the employee's retention points shall be calculated according to the Code provisions. (See 123:1-41-09)
B. Once bargaining unit employees bump an exempt position outside the bargaining unit, subsequent displacements shall occur according to the appropriate provisions of the Revised Code and the Administrative Code, and the bargaining unit employees shall have no further rights except those rights set forth in Sections 18.11, 18.12 and 18.13.
|
Arbitration Awards: |
|
|
OCB #818 OCSEA #471 |
Arbitrator Rivera: Grievant Barbara A. Northup; Employment Services, 10/19/92. The decision provides an interpretation regarding the ability of bargaining unit employees to bump/displace employees outside the bargaining unit. The language of this Section incorporates the effects of this decision. |
|
Explanation: |
This Section provides that bargaining unit members may bump into an exempt classification; however, once the employee has bumped into the exempt position s/he has no further rights except as set forth in Sections 18.11, 18.12, and 18.13 |
|
Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Officers; Department of Administrative Services, Human Resources Division, Office of Personnel Services. |
|
Instructions: |
Personnel working with layoffs shall first provide a list of all options in the bargaining unit: 1) within with same office, institution or county (18.04); 2) in the same agency geographic jurisdiction (18.05); 3) in a previously held classification (18.06). If there are no bumping rights available under those Sections, a list should be provided from the Ohio Revised Code and the Ohio Administrative Code of exempt classifications with a lesser appointment category (type) into which the employee may bump. Bumping into an exempt position is not mandatory as the employee will lose all contractual rights except as specified in Sections 18.11, 18.12 and 18.13. If the employee chooses to bump into an exempt position, s/he will be given the maximum retention points available for his/her performance evaluation, following the Ohio Administrative Code. Any bumping done after becoming an exempt employee will be done utilizing the jurisdictions outined in the Ohio Revised Code and the Ohio Administrative Code. |
There shall be no inter-agency bumping. There shall be no inter-unit bumping except in those cases allowed by current administrative rule or where a class series overlaps more than one unit.
The jurisdictional layoff areas shall not be utilized. Instead, the geographic divisions of each agency shall be used (see Appendix J).
18.10 - Classification Groupings
For the purposes of this Article, Appendix I shall be changed as follows: In Unit 4 groupings 3 and 4 shall be combined.
When it is determined by the Agency to fill a vacancy or to recall employees in a classification where the layoff occurred, the following procedure shall be adhered to:
The laid-off employee with the most state seniority from the same, similar or related classification series for whom the position does not constitute a promotion as defined in Article 17, and who prior to his/her layoff, held a classification which carried with it the same or higher pay range as the vacancy, shall be recalled first (see Appendix I). All employees who are laid-off or displaced out of their classification shall be placed on the recall list by the effective date of their layoff. An employee shall be recalled to a position provided the affected employee is qualified to perform the duties. Any employee recalled under this Article shall not serve a new probationary period, except for any employee laid off who was serving an original or promotional probationary period which shall be completed. Employees shall have recall rights for a period of twenty-four (24) months.
Notification of recall shall be by certified mail to the employee's last known address or hand delivered to the employee with proof of receipt. Employees shall maintain a current address on file with the Agency. Recall rights shall be within the Agency and within recall jurisdictions as outlined in Appendix J. If the employee fails to notify the Agency of his/her intent to report to work within seven (7) days of receipt of the notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled employee does not actually return to work within thirty (30) days, recall rights shall be forfeited.
Any employee accepting or declining recall to the same, similar or related classification series and the same appointment category (type) from which the employee was laid-off or displaced shall be removed from the recall and reemployment list if recalled to his/her original classification and appointment category (type). Except that any employee declining recall to a different appointment category (type) than that from which he/she was laid-off or displaced shall be removed from the recall list for that appointment category (type).
|
Explanation: |
The language incorporates the use of appointment type in recall and reemployment. An employee is only removed from the recall list for his/her original classification when the employee has been offered a recall opportunity to the same appointment category within that classification. This Section prohibits recalled employees from being recalled into a higher pay range, thus preventing a promotion on recall. An employee's recall rights are limited to the same pay range or lower. In addition, due to the extreme length of time it takes to send recall letters and receive return receipts, the Employer is able under the Contract to hand deliver recall letters. |
|
Employer’s Interpretation: |
Employees should not just meet minimum qualifications to be recalled to a position, but should be qualified to perform the duties of the position. The Employer may administer a test to determine whether the employee meets minimum qualifications and position specific minimum qualifications. |
|
Union’s Interpretation: |
Employees should just meet minimum qualifications to be recalled to a position. If the employee previously held the position to which s/he is being recalled, the employee already meets the minimum qualifications of the position. |
|
Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Officers; Department of Administrative Services, Human Resources Division. |
|
Instructions: |
All laid off employees and employees displaced out of their classifications shall be placed on a recall list which must be provided to DAS/HRD before the effective date of the layoff. Employees may not be recalled to a promotion. If you are delivering a recall notice by hand, a witness must be present and the employee must sign a receipt for the notice. All Agencies should train those persons responsible for the development and maintenance of recall lists regarding the incorporation of appointment category. |
18.12 - Bidding Rights for Employees on Layoff
Notwithstanding the provisions of Article 17 and the other provisions of this Article a laid-off employee may submit an application for any posted vacancy outside of his/her geographic area, or for any posted vacancy in the same office, institution or county from which the employee was bumped, in the same, similar or related classification series from which he/she was laid-off or displaced. However, this opportunity is limited to lateral transfer and demotion. This opportunity shall be offered only in the agency from which the employee was laid-off. Applications from such laid-off employees shall be sorted and considered before any other applications pursuant to the provisions of Article 17. Among such employees submitting applications who meet the minimum qualifications as stated in the Position Description and Classification Specification the most senior applicant shall be awarded the vacancy. A laid-off employee who is offered a position and declines shall not be automatically awarded other positions for which he/she applies in the classification from which he/she was laid-off.
|
Explanation: |
This Section permits laid-off employees to bid on vacancies within their agency’s geographic jurisdiction in the same, similar or related classification series. The Section also provides that a laid-off employee cannot gain a promotion. |
|
Attention: |
Agency Labor Relations and Personnel Officers; Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
|
Instructions: |
This Section is applicable only to the Agency from which the employee was laid-off. |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
If the vacancy is not filled pursuant to Section 18.14, then the Employer must offer reemployment rights to the classification from which an employee was laid-off or displaced provided the employee is qualified to perform the duties. Such rights shall be for twenty-four (24) months.
Any employee accepting or declining reemployment to the same classification and same appointment category (type) from which the employee was laid-off or displaced shall be removed from the recall and reemployment list if reemployed to his/her original classification and appointment category (type). Except that any employee declining reemployment to a different appointment category (type) than that from which he/she was laid-off or displaced shall be removed from the recall list for that appointment category (type).
Reemployment rights shall not exist for employees assigned to holding classifications as a result of the deletion of a classification from the classification plan.
Employees who were assigned to a holding classification because they were not performing duties consistent with their classification at the time of the Classification Modernization Study and whose classification held prior to the Classification Modernization Study still exists, will have reemployment rights to the last classification held prior to assignment to the holding classification.
Employees whose classification prior to the Classification Modernization Study was retitled or allocated to a new classification will also have reemployment rights to the retitled classification or to the classification to which their former classification was allocated.
|
Explanation: |
This Section provides that employees must be qualified to perform the duties of the position in his/her classification to which s/he is reemployed. This Section also specifies how/why a laid-off employee is removed from the reemployment list . Employees who decline reemployment to a different appointment category (type) are removed from the recall list for only that appointment type. |
|
Attention: |
Staff Representatives, Union Officials; Agency Labor Relations and Personnel Officers; Department of Administrative Services, Human Resources Division. |
|
Instructions: |
DAS/HRD must maintain reemployment lists in accordance with this Section. |
18.14 - Placement
Notwithstanding any other provisions of Article 17, the Union and the agency or agencies may agree, in writing, to place an employee to be laid off in an existing vacancy which may not be otherwise available. Such agreement shall take precedence over any other Section/Article of this Agreement. However, such placement shall not result in the promotion of the affected employee. All employees placed into existing vacancies under this Section shall retain recall and reemployment rights pursuant to the provisions of this Article.
|
Explanation: |
This Section extends recall and reemployment rights to laid-off employees who accept placement into an existing vacancy. |
|
Attention: |
Agency Labor Relation Officers and Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
|
Instructions: |
Agencies should consider the availability of placement in its own and other agencies to retain laid-off employees where feasible. This Section is permissive and not mandatory. An employee cannot be promoted as a result of placement. An agreement must be executed and signed by the affected agencies, the Union and OCB. Other than as a placement under this Section, use the following order of filling a vacancy as specified below: (See §17.05 – Selection also.) §17.01 Permanent Transfer §18.11 Recall §18.13 Reemployment §18.05 Cross-geographic jurisdictional bidding Article 17 - Promotion, Lateral Transfer and Demotion |
18.15 - Service Credits
An employee who is laid off and reemployed, i.e., not recalled by any State agency but is hired by any State agency within twenty-four (24) months, shall continue to earn service credits while on layoff.
The State agrees that the Union shall be included in discussions of inter-agency mergers. The Union will have a role in discussing bargaining unit members’ continued employment and other affects on their membership. This paragraph shall not constitute a waiver of any rights.
Each Agency, with the Office of Collective Bargaining’s approval, may negotiate with the Union to establish procedures for moving positions and personnel in lieu of the procedures in the Article.
|
Explanation: |
The new language provides both the Employer and the Union the flexibility of adopting ad hoc procedures to meet their needs where appropriate. |
|
Attention: |
Agency Labor Relation Officers and Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
|
Instructions: |
Agencies must first contact OCB for approval prior to entering into negotiations with the Union to develop alternate procedures. |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
The parties shall each appoint four (4) members to a committee to review, discuss, and examine the lay-off process and offer solutions to unforeseen problems that might arise from the application of this Article. The committee shall meet as often as mutually determined that there is a need.
|
Explanation: |
New language establishes a Layoff Committee to assist with transition issues which may arise from moving from one displacement system to a new Order of Displacement. |
|
Attention: |
Agency Labor Relation Officers and Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
|
Instructions: |
Please refer all unusual circumstances to your OCB Labor Relations Specialist so that the issue may be addressed by the Layoff Committee. |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |
18.19 – Notice to Other Agencies
The State and the Union have a joint interest in providing job security, where possible, to State of Ohio employees. To that end, the agencies will provide information regarding their current vacancies to the Department of Administrative Services (“DAS”). This information may be provided on an on-going basis through access to a web-site listing or by other electronic or written means.
At the time an agency submits a rationale to implement a layoff, abolishment or closing, a list of affected employees and their classification and headquarters county will be made available to DAS. This list will be provided to all agencies that utilize the affected classifications. DAS will also provide to the Union, the affected agencies, and the Statewide Employment Security Committee (Article 15) access to the vacancies identified by the Departments prior to the effective date of the layoff.
Agencies and institutions receiving notice of available job vacancies shall make the information regarding the vacancies available to the employees being laid off.
Any mistakes or omissions regarding this notice provision contained in Section 18.19 are not grievable.
|
Explanation: |
This new language creates a method of communicating vacancies and affected classifications to the Department of Administrative Services. This should assist the placement of displaced individuals. |
|
Attention: |
Agency Labor Relation Officers and Department of Administrative Services, Human Resources Division; Staff Representatives, Union Officials. |
|
Instructions: |
When an Agency submits its layoff rationale to DAS, it must provide a list of affected classifications to DAS. DAS shall provide this information to the Union, affected agencies and the Statewide Employment Security Committee access to vacancies prior to the layoff taking effect. |
|
Effective Date: |
March 1, 2003 – February 28, 2006 |