ARTICLE 25 - GRIEVANCE PROCEDURE

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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 struckthrough was removed with this Agreement. Language in Italics are annotations added by the Office of Collective Bargaining.

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25.01 - Process

A.     A grievance is defined as any difference, complaint or dispute between the Employer and the Union or any employee regarding the application, meaning or interpretation of this Agreement. The grievance procedure shall be the exclusive method of resolving grievances. No employee who has rights to final and binding arbitration of grievances, including disciplinary actions, may file any appeal with the State Personnel Board of Review nor may such Board receive any such appeal.

B.     Grievances may be processed by the Union on behalf of a grievant or on behalf of a group of grievants or itself setting forth the name(s) or group(s) of the grievant(s). The Union shall define the members of a group grievance by the Step Three (3) grievance meeting, unless the Union provides evidence that specific and relevant information has been denied which prevents them from defining the group. Either party may have the grievant (or one grievant representing group grievants) present at any step of the grievance procedure and the grievant is entitled to union representation at every step of the grievance procedure.

C.     Probationary employees shall have access to this grievance procedure except those who are in their initial probationary period shall not be able to grieve disciplinary actions or removals.

D.     The word "day" as used in this article means calendar day and days shall be counted by excluding the first and including the last day. When the last day falls on a Saturday, Sunday or holiday, the last day shall be the next day which is not a Saturday, Sunday or holiday.

E.      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. The Employer will make a good faith effort to insure confidentiality.

F.      Grievances shall be presented on forms mutually agreed upon by the Employer and the Union and furnished by the Employer to the Union in sufficient quantity for distribution to all stewards. Forms shall also be available from the Employer.

G.     It is the goal of the parties to resolve grievances at the earliest possible time and the lowest level of the grievance procedure. Where the parties mutually agree, telephone and/or teleconferencing is an acceptable option for the purpose of conducting grievance meetings.

H.     Oral reprimands shall be grievable through Step Two (2). Written reprimands shall be grievable through Step Three (3). If an oral or written reprimand becomes a factor in the first subsequent disciplinary grievance that goes to arbitration, the arbitrator may consider evidence regarding the merits of the oral or written reprimand.  Any grievance of which an oral or written reprimand is an element of the claim shall not be arbitrable in accordance with this subsection.

Explanation:

This language clarifies that the merits of an oral and/or written reprimand may only be addressed during the arbitration of the first disciplinary grievance that is subsequent to the oral and/or written reprimand.  If the oral and/or written reprimand is not grieved at the time it is issued, the Grievant may not raise the merits of the reprimand at any subsequent disciplinary grievance proceeding.  For example:  Grievant is issued a written reprimand for tardiness.  He files a grievance on the written reprimand that is denied through Step 3.  Grievant then receives a three-day suspension for tardiness.  Grievant may raise the merits of the written reprimand at the arbitration of his three-day suspension.  Grievance is then denied.  Grievant receives a five-day suspension for tardiness.  Grievant MAY NOT raise the merits of the written reprimand during the arbitration of the five-day suspension. If the essence of a grievance deals with an oral/written reprimand, and the employee requests as a remedy the removal of the reprimand, the grievance may be heard only through Step 2 for the oral reprimand or through Step 3 for the written reprimand.

Attention:

Staff Representatives, Union Officials; Agency Labor Relations Officers, Arbitration Advocates, Supervisors, Managers.

H.     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.

Explanation:	This sub-section allows the Grievant to collect interest on payments of settlement agreements which are not received within three (3) pay periods of when the payment was due.
Attention:	Agency Labor Relations Officers, Fiscal Officers, Personnel Officers, Payroll Officers; Staff Representatives, Union Officials.
Instructions:	The Union and the Employer may mutually agree to eliminate the accrual of interest to settle a grievance when unusual circumstances might prevent the settlement payment being made within three (3) pay periods.  One unusual circumstance might be if the Employer must seek approval from its controlling board for a large settlement.  To eliminate the accrual of interest, the parties should specifically waive the interest provision in the settlement agreement.

I.        The receipt of a grievance form or the numbering of a grievance does not constitute a waiver of a claim of a procedural defect.

25.02 - Grievance Steps

Layoff, Non-Selection, Discipline 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 layoff , non-selection or a discipline shall be initiated at Step Three (3) of the grievance procedure within fourteen (14) days of notification of such action.

Explanation:	Non-Selection cases have been added to the list of grievances that are filed at Step 3 of the grievance procedure.  Supervisors/Managers at the lower levels of the grievance procedure are not able to resolve non-selection cases.  Employees now have fourteen (14) days in which to file a non-selection grievance.
Attention:	Staff Representatives, Union Officials; Agency Labor Relations Officers.
Effective Date:	March 1, 2003 – February 28, 2006

Discharge Grievances

The Agency shall forward a copy of the 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 the mediation, but no more than one hundred eighty (180) days from 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 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 date of the cancellation. However, grievances involving criminal charges of on duty actions of the employee, grievants who are unable to attend due to a disability, or grievances that involve an unfair labor practice charge, may exceed the time limits prescribed herein.

This process shall be utilized for all discharge grievances filed on or after July 1, 2000. In January of 2002, the Employer may request a hearing with Fact-Finder Harry Graham to determine whether mitigation of back pay is warranted.

The parties are committed to resolve all discharge grievances filed prior to July 1, 2000, by April 2001.

Explanation:	To decrease the number of large back-pay awards, the parties have adopted a “fast-track” for termination grievances. Transition language regarding timelines for implementing the “fast-track” system and resolving prior discharge grievances has been struck.
Attention:	Staff Representatives, Union Officials; Agency Labor Relations Officers, Office of Collective Bargaining, Dispute Resolution Schedulers, Labor Relations Specialists.
Instructions:	Agencies should conduct a thorough investigation prior to terminating an employee.  Because of the reduced timeline for termination grievances, the Agency and the Union should begin preparing for arbitration at the time of the removal. Union Stewards and/or Grievants must forward a copy of the discharge grievance to OCSEA Dispute Resolution as soon as the grievance is filed. Agency Labor Relations Officers must forward a copy of a discharge grievance to OCB as soon as the grievance is filed. Agency Labor Relations Officers have sixty (60) days to hold and respond to a Step 3 appeal. Discharge grievances shall be automatically mediated within 120 days of the date the grievance was filed.  Either party may waive mediation. The Union must make a Request for Arbitration within 60 days after mediation, but no later than 180 days after the filing of the grievance.  Grievances not appealed to arbitration within this time frame shall be treated as withdrawn. The parties will arbitrate discharge grievances within 60 days of the Request for Arbitration. Only one 30-day extension shall be granted for arbitration. Employer representatives, please notify your OCB Labor Relations Specialist of all delays and/or continuances.  Union Stewards, please notify your Staff Representative of all delays and/or continuances.

Step One (1) - Immediate Supervisor

The grievant and/or the Union shall orally raise the grievance with the grievant's supervisor who is outside of the bargaining unit. The supervisor shall be informed that this discussion constitutes the first step of the grievance procedure. All grievances must be presented not later than ten (10) working days from the date the grievant became or reasonably should have become aware of the occurrence giving rise to the grievance not to exceed a total of thirty (30) days after the event. If being on approved paid leave prevents a grievant from having knowledge of an occurrence, then the time lines shall be extended by the number of days the employee was on such leave except that in no case will the extension exceed sixty (60) days after the event. The immediate supervisor shall render an oral response to the grievance within three (3) working days after the grievance is presented. If the oral grievance is not resolved at Step One (1), the immediate supervisor shall prepare and sign a written statement acknowledging discussion of the grievance, and provide a copy to the Union and the grievant.

Step Two (2) - Intermediate Administrator

In the event the grievance is not resolved at Step One (1), a legible copy of the grievance form shall be presented in writing by the Union to the intermediate administrator or his/her designee within five (5) days of the receipt of the Step One (1) answer or the date such answer was due, whichever is earlier. The written grievance shall contain a statement of the grievant's complaint, the section(s) of the Agreement allegedly violated, if applicable, the date of the alleged violation and the relief sought. The form shall be signed and dated by the grievant. Within seven (7) days after the grievance is presented at Step Two (2), the intermediate administrator shall discuss the grievance with the Union and the grievant. The intermediate administrator shall render a written answer to the grievance within eight (8) days after such a discussion is held and provide a copy of such answer and return a legible copy of the grievance form to the grievant and a copy to one representative designated by the Union.

Step Three (3) - Agency Head or Designee

If the grievance is still unresolved, a legible copy of the grievance form shall be presented by the Union to the Agency Head or designee in writing within ten (10) days after receipt of the Step Two (2) response or after the date such response was due, whichever is earlier. Within fifteen (15) days after the receipt of the written grievance, the parties shall meet in an attempt to resolve the grievance unless the parties mutually agree otherwise. By mutual agreement of the parties, agencies may schedule Step Three (3) meetings on a monthly basis, by geographic areas, so that all grievances that have been newly filed, that have been advanced to Step Three (3) or that have been continued since the previous month, can be heard on a regular basis.

At the Step Three (3) meeting the grievance may be settled or withdrawn, or a response shall be prepared and issued by the Agency Head or designee, within thirty-five (35) days of the meeting. The response will include a description of the events giving rise to the grievance, the rationale upon which the decision is rendered. The Agency may grant, modify or deny the remedy requested by the Union. Any grievances resolved at Step Three (3) or at earlier steps shall not be precedent setting at other institutions or agencies unless otherwise agreed to in the settlement. The response shall be forwarded to the grievant and a copy will be provided to the Union representative who was at the meeting or one who is designated by the Local Chapter. Additionally, a copy of the answer will be forwarded to the Union's Central Office. This response shall be accompanied by a legible copy of the grievance form.

Step Four (4) - Mediation/Office of Collective Bargaining

If the Agency is untimely with its response to the grievance at Step Three (3), absent a mutually agreed to time extension, the Union may appeal the grievance to Step Four (4) requesting a meeting by filing a written appeal and a legible copy of the grievance form to the Deputy Director of the Office of Collective Bargaining within fifteen (15) days of the date of the due date of the Step Three (3) answer. Upon receipt of a grievance, as a result of a failure to meet time limits by the agency, OCB shall schedule a meeting with the Staff representative and a Chapter representative within thirty (30) days of receipt of the grievance appeal in an attempt to resolve the grievance unless the parties mutually agree otherwise. Within thirty-five (35) days of the OCB meeting, OCB shall provide a written response which may grant, modify or deny the remedy being sought by the Union. The response will include the rationale upon which the decision is rendered and will be forwarded to the grievant, the Union's Step Three (3) representative(s) who attend the meeting and the OCSEA Central Office.

If the grievance is not resolved at Step Three (3), or if the Agency is untimely with its response to the grievance at Step Three (3), absent any mutually agreed to time extension, the Union may appeal the grievance to mediation by filing a written appeal and a legible copy of the grievance form to the Deputy Director of the Office of Collective Bargaining within fifteen (15) days of the receipt of the answer at Step Three (3) or the due date of the answer if no answer was given, whichever is earlier. OCB shall have sole management authority to grant, modify or deny the grievance at Steps Four (4) and Five (5).

Either the Office of Collective Bargaining or the Union may advance a grievance directly from Step Four (4) to Step Five (5) if that party believes that mediation would not be useful in resolving the dispute.

The parties shall mutually agree to a panel of at least five (5) persons to serve in the capacity of grievance mediators. The procedure for selecting this panel shall be the same as set forth in Section 25.04 for the selection of arbitrators. No mediator/arbitrator shall hear a case at both mediation and arbitration. The fees and expenses of the mediator shall be shared equally by the parties.

The mediator(s) may employ all of the techniques commonly associated with mediation, including private caucuses with the parties. The taking of oaths and the examination of witnesses shall not be permitted and no verbatim record of the proceeding shall be taken. The purpose of the mediation is to reach a mutually agreeable resolution of the dispute where possible and there will be no procedural constraints regarding the review of facts and arguments. Written material presented to the mediator will be returned to the party at the conclusion of the mediation meeting. The comments and opinions of the mediator, and any settlement offers put forth by either party shall not be admissible in subsequent arbitration of the grievance nor be introduced in any future arbitration proceedings.

If a grievance remains unresolved at the end of the mediation meeting, the mediator will provide an oral statement regarding how he/she would rule in the case based on the facts presented to him/her.

The disposition of grievances discussed during the mediation meeting will be listed by the representative from the Office of Collective Bargaining on a form mutually agreed to by the parties. A copy of the summary shall be provided to the Union within five (5) days.

The parties will consolidate cases for mediation and, whenever possible, schedule the mediation meetings at decentralized locations. A Union staff representative, grievant and a steward or chapter president as designated by the Union may be present at the mediation of a grievance. No more than two (2) of the Union representatives present including the grievant may be on paid leave by the Employer. Each party may have no more than three (3) representatives present at the mediation of a grievance.

Explanation:	The Office of Collective Bargaining has sole authority to grant, modify, or deny a grievance at Steps 4 and 5.  The Union or OCB may move a grievance from Step 4 to Step 5 without mediation.
Attention:	Staff Representatives, Union Officials; Agency Labor Relations Officers, Office of Collective Bargaining.

Step Five (5) - Arbitration

Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union by providing written notice to the Deputy Director of the Office of Collective Bargaining within sixty (60) days of the mediation meeting or the postmarked date of the mediation waiver but no longer than ninety (90) days from the Step Three (3) response.  The agencies shall send a copy of the Step Three (3) responses to the OCSEA central office and to the union representative who was at the Step Three (3) meeting or one who is designated by the local chapter.

Explanation:

The Union must request arbitration within sixty (60) days of mediation, but no longer than ninety (90) days from the Step Three (3) response.  The parties are forced to take action on grievances that have not been mediated. Agencies are required to forward a copy of the Step Three (3) response to the OCSEA Central Office and to the union representative who was present at the Step Three (3) meeting.

Attention:

Agency Labor Relations Officers, Office of Collective Bargaining, Staff Representatives, Union Officials.

25.03 - Arbitration Procedures

The parties agree to attempt to arrive at a joint stipulation of the facts and issues to be submitted to the arbitrator.

The Union and/or Employer may make requests for specific documents, books, papers or witnesses reasonably available from the other party and relevant to the grievance under consideration. Such requests will not be unreasonably denied.

The Employer or Union shall have the right to request the arbitrator to require the presence of witnesses and/or documents. Such requests shall be made no later than three work days prior to the start of the arbitration hearing, except under unusual circumstances where the Union or the Employer has been unaware of the need for subpoena of such witnesses or documents, in which case the request shall be made as soon as practicable. Each party shall bear the expense of its own witnesses who are not employees of the Employer.

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.

The expenses and fees of the arbitrator shall be shared equally by the parties.

The decision and award of the arbitrator shall be final and binding on the parties. The arbitrator shall render his/her decision in writing as soon as possible, but no later than forty-five (45) days after the conclusion of the hearing, unless the parties agree otherwise.

Only disputes involving the interpretation, application or alleged violation of a provision of the 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 expressed language of this Agreement.

If either party desires a verbatim record of the proceeding, it may cause such a record to be made provided it pays for the record. If the other party desires a copy, the cost shall be shared.

Explanation:	Arbitrators are required by personal service contract to render an arbitration decision within forty-five (45) days of the conclusion of the hearing.
Attention:	Staff Representatives, Union Officials; Agency Labor Relations Officers, Office of Collective Bargaining, Arbitration Advocates, Dispute Resolution Schedulers.
Instructions:	Advocates must inform the Dispute Resolution Schedulers of due dates for briefs so that the Scheduler can calculate the deadline for the decision.

25.04 - Arbitration/Mediation Panels

The parties agree that a panel of no less than ten (10) eight (8) arbitrators shall be selected to hear arbitration cases covered under this Agreement, except that all disciplinary grievances in which the discipline is the result of alleged abuse of a patient or another in the care or custody of the State of Ohio shall be submitted to a separate panel of five (5) four (4) arbitrators selected from the main arbitration panel.

The procedure for selecting the panels shall be as follows:

1.      The parties will make an attempt to mutually agree on panel members.

2.      If mutual agreement cannot be reached on the required number of arbitrators and mediators, then the remaining number will be selected by the following procedure: The parties shall request from the American Arbitration Association a list of at least twice plus one the number of arbitrators needed. The parties shall then alternately strike names until the proper number remains.

3.      Either party may eliminate up to two (2) arbitrators or two (2) mediators from the respective panels during each year of the Agreement.

4.      In replacing the arbitrators that were eliminated from the panel, the procedure enumerated in (1) and (2) above shall be used. Any arbitrator or mediator eliminated may not be placed back on the panel. The panel shall expire upon expiration of this Agreement, provided that any scheduled arbitration shall proceed without regard to such expiration. It is understood that members of an expired panel may be appointed to the successor panel upon mutual agreement of the parties.

Explanation:	The panel of arbitrators has been reduced from ten (10) to eight (8).  The parties believed a smaller panel would help to ensure consistency of decisions.  The Patient Abuse panel has been reduced from five (5) arbitrators to four (4).
Attention:	Staff Representatives, Union Officials; Agency Labor Relations Officers.
Effective Date:	March 1, 2003 – February 28, 2006

25.05 - Time Limits

Grievances may be withdrawn at any step of the grievance procedure. Grievances not appealed within the designated time limits will be treated as withdrawn grievances.

The time limits at any step may be extended by mutual agreement of the parties involved at that particular step. Such extension(s) shall be in writing.

In the absence of such extensions at any step where a grievance response of the Employer has not been received by the grievant and the Union representative within the specified time limits, the grievant may file the grievance to the next successive step in the grievance procedure.

25.06 - Time Off, Meeting Space and Telephone Use

The grievant(s) and/or union steward will be permitted reasonable time off without loss of pay during their working hours to file or appeal grievances and to attend grievance step meetings. The steward shall be given reasonable time off without loss of pay during his/her working hours to investigate grievances. Witnesses whose testimony is relevant to the Union's presentation or argument will be permitted reasonable time off without loss of pay to attend a grievance meeting and/or respond to the Union's investigation. The steward shall not leave his/her work to investigate, file or process grievances without first notifying and making mutual arrangements with his/her supervisor or designee as well as the supervisor of any unit to be visited. Such arrangements shall not be unreasonably denied.

Upon request, the grievant and Union shall be allowed the use of an available, appropriate room, and copier, where available, for the purpose of copying the grievance trail while processing a grievance. The Union shall be permitted the reasonable use of telephone facilities for investigating or processing grievances. Any telephone tolls shall be paid by the Union.

25.07 - Other Grievance Resolution Methods

The parties agree that during the term of this Agreement each party will review the grievance history including but not limited to grievances arising from suspensions, for the purpose of developing agency specific agreements that will be designed to expedite the final resolution of grievances. Such agreements will consider effective use of existing staff resources.

25.08 - Relevant Witnesses and Information

The Union may request specific documents, books, papers or witnesses reasonably available from the Employer and relevant to the grievance under consideration. Such request shall not be unreasonably denied.

This section applies to all steps of the grievance procedure:  The employer shall provide copies of documents, books and papers relevant to the grievance without charge to the Union, unless the request requires more than ninety (90) minutes of employee time to produce and/or copy, at which time the Union will be charged $0.10 per page.

Arbitration Awards:
OCB #1347  OCSEA #694	Arbitrator Graham:  Grievant Jerry Burlingame; Rehabilitation Services Commission and Public Utilities Commission, 2/17/99.  Arbitrator Graham held that the Employer is obligated to provide “specific documents, books, papers or witnesses” at every step of the grievance procedure.  The Arbitrator held that in the normal course of events, the Employer is required to provide copies to the Union without charge.  However, in cases where complying with the Union’s request requires 90 minutes or more of the Employer’s time, the Employer may charge $.10 per page.
Explanation:	This Section implements the above decision by Arbitrator Graham on the sharing of information at all steps of the Grievance procedure.  The language provides for a copying charge of $.10 per page when the Union’s information request requires 90 minutes or more of employee time to produce and copy.
Attention:	Agency Labor Relations Officers, Personnel Officers, Supervisors and Managers; Staff Representatives, Union Officials.
Instructions:	Employees searching for and copying information pursuant to a Union information request should document the time spent in complying with the request.  If the time exceeds 90 minutes, the Union shall be charged $.10 per page.

25.09 - Expedited Arbitration Procedure

In the interest of achieving a more efficient handling of disciplinary grievances, the parties agree to the following expedited arbitration procedure. This procedure is intended to replace the procedure in Section 25.02, Step Five (5), for the resolution of grievances as set forth below. The procedure will operate in the following manner:

A.     A special list of arbitrators will be chosen by the parties to hear all expedited arbitrations during the term of this Agreement.

B.     Except for patient/client related cases, T  the grievances presented to the arbitrator under this section will consist of disciplinary actions without pay of more than five (5), but less than ten (10) days, unless mutually agreed otherwise. three (3) days. Either party may elect to take suspensions of five (5) days or more to the procedure in Section 25.02, Step Five (5), by formal notice to the other party. The parties may submit other issues by mutual agreement.

C.     Only matters of procedural arbitrability may be addressed in this expedited procedure. Grievances where there is an issue of substantive arbitrability may only be dealt with in accordance with Section 25.02, Step Five (5).

D.     The arbitrator will normally hear at least four (4) grievances at each session unless mutually agreed otherwise. The grievances will be grouped by institution and/or geographic area and heard in that area. The parties will endeavor to develop and maintain a regular schedule for the handling of expedited arbitrations at each department or agency.

E.      Grievance presentation will be limited to a preliminary introduction, a short reiteration of facts and a brief oral argument. No briefs or transcripts shall be made. If witnesses are used to present facts, there will be no more than three (3) per side including the grievant. In cases where there is an issue of procedural arbitrability, each party will be permitted two (2) additional witnesses.

F.      The arbitrator will either give a bench decision or issue a decision within five (5) calendar days. The arbitrator can either uphold or deny the grievance or modify the relief sought. All decisions will be final and binding. Decisions issued pursuant to this procedure shall have no precedence for progressivity purposes only or unless mutually agreed otherwise by the parties.

G.     The cost of the arbitrator and the expenses of the hearing will be shared equally by the parties.

Explanation:	The new language provides that patient/client abuse cases are not required to be arbitrated through the expedited arbitration process.  The parties recognize that abuse cases may require more than three (3) witnesses.  Discipline cases of more than five (5) days but less than ten (10) days shall be taken to expedited arbitration.  However, the parties may mutually agree to take these discipline cases to main panel arbitration. Decisions rendered through expedited arbitration shall have no precedential value except for progressive discipline purposes.
Attention:	Staff Representatives, Union Officials; Agency Labor Relations Officers, Arbitration Advocates.
Effective Date:	New guidelines apply to all cases filed after May 1, 2003.

25.10 - Non-Traditional Arbitration

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. The arbitrator shall issue a written decision to the parties by the end of the hearing day.  These decisions will then be codified as a withdrawal of the grievance or as a settlement agreement. Decisions issued pursuant to this procedure shall have precedence for progressivity purposes only or unless mutually agreed otherwise by the parties.

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) days whereby the grievant agrees to be bound by the decision. In disciplinary grievances of three (3) days or less, non-traditional arbitration is mandatory. Except for patient/client related cases, the grievances presented to the arbitrator under this Section will consist of disciplinary actions of five(5) days or less, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation, and the Employer and the Union are limited to one (1) witness each. 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 and/or the grievant.

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

Explanation:	The new language provides that patient/client abuse cases are not required to be arbitrated through the non-traditional arbitration (“NTA”) process.  The parties recognize that abuse cases may require more presentation than that involved in an NTA.  This Section requires disciplinary actions of five days or less to be heard at NTA.  The parties may choose to have disciplinary actions of more than five days heard at NTA.  OCB and OCSEA Dispute Resolution may jointly agree to take issue grievances to NTA.  The contract does not require a waiver for an issue case. New language in this Section also clarifies that discipline cases which are required to be arbitrated through the NTA process shall not be mediated.  The elimination of mediation for these grievances is to provide quicker resolution of the cases. Arbitrators hearing NTA cases shall issue written, bench decisions by the end of the hearing day.  Unless otherwise agreed, discipline cases shall be precedent-setting only for progressive discipline purposes.
Attention:	Agency Labor Relations Officers, Arbitration Advocates, Office of Collective Bargaining; Staff Representatives, Union Officials.
Instructions:	The Employer and the Union are limited to one witness each for NTA cases.  For the Union, testimony is limited to the witness or the Grievant.  The Arbitrator may ask questions of both the witness and the Grievant.  To ensure that the NTA process remains cost-effective, witnesses should be used only under certain circumstances, e.g. where there is a discrepancy of fact.
Effective Date:	New guidelines apply to all cases filed after May 1, 2003.

25.11 - Joint Training

In an effort to reduce and resolve disputes, the parties are committed to joint training(s) for union officials, staff representatives, human resources and labor relations personnel.  The parties will conduct a conference regarding contract interpretation by September, 2000 November, 2003.

25.12 - Miscellaneous

The parties may, by mutual agreement, alter any procedure or provision outlined herein so long as the mutual agreement does not differ from the spirit of this Article. The parties may examine procedures for the electronic filing and processing of grievances.