Contract Language

OCSEA negotiated language to fight privatization

History of Article 39

1994 - OCSEA first proposed contract article 39.02 in an effort to protect bargaining unit jobs from being lost to subcontracting. 

1997 - It was amended to provide an opportunity for the union to demonstrate that bargaining unit employees can competitively perform work for which the Employer is considering the utilization of a subcontractor. 

2000 - Language was added which requires the Employer to furnish website addresses that identify requests for proposals and invitations to bid on work it expects to contract out. Any additions or changes to web sites involving requests for proposals and invitations to bid must be brought to OCB’s attention.  OCB will notify the Union of the proposed additions or changes. Agencies should take note that any contracting out which will result in the layoff of bargaining unit employees requires that the Union be notified 120 days in advance.

Two awards against management are listed below:

Arbitration Award - OCSEA # 489
Arbitrator Harry Graham: Grievant O'Boyle, ODOT, 2/20/93. 
This case resulted in the creation of the term "passive displacement," and an award against management under Sections 25.08 and Article 39.

Arbitration Award - OCSEA # 724
Arbitrator Nels Nelson: OCSEA and DR&C, 7/7/00. 
Bargaining unit employees will not be responsible for training contract workers, except bargaining unit employees may be required to provide orientation and training related to agency policies, procedures, and operations.  This only relates to the general guidelines or general methods for accomplishing agency goals. Bargaining unit employees are not required to provide unarmed self-defense for contracted workers.

39.01 - Contracting Out

The Employer intends to utilize bargaining unit employees to perform work which they normally perform. However, the Employer reserves the right to contract out any work it deems necessary or desirable because of greater efficiency, economy, programmatic benefits or other related factors. 

If the Employer considers contracting out a function or service, which would result in the layoff of bargaining unit employees, the Employer shall provide not less than 120 days advance written notice to the Union. Upon request the Employer shall meet with the Union to discuss the reasons for the contracting proposal and provide the Union an opportunity to present alternatives.

If the Employer does contract out, any displaced employee will have the opportunity to fill existing equal rated permanent vacancies at his/her work location or other work locations of the Agency. In the event an employee needs additional training to perform the required work in such other position, which can be successfully completed within a reasonable length of time, the Employer shall provide the necessary training during working hours at the Employer's expense.

Except for government employees from other jurisdictions who are part of a state agency's organizational structure, non-state employees will not ordinarily serve as supervisors (as defined by ORC Section 4117.01 F) of any bargaining unit employees. Bargaining unit employees will not be responsible for training contract workers, except bargaining unit employees may be required to provide orientation and training related to agency policies, procedures and operations.

39.02 - Contracting-In

A.     The Union will be granted a reasonable opportunity to demonstrate that bargaining unit employees can competitively perform work, which has been previously contracted out, including access to available information regarding costs and performance audits. In considering the granting, renewal or continuation of competitively bid contracts for work normally performed by bargaining unit employees, to the extent feasible the Employer will examine information provided by the Union regarding whether or not such work can be performed with greater efficiency, economy, programmatic benefit or other related factors through the use of bargaining unit employees rather than through renewal or continuation of the contract or initial contracting out of work.

B.     Within thirty (30) days of the effective date of this Agreement the State will furnish to the Union the State agency web site addresses that identify requests for proposals (RFP) and invitation to bids (ITBS) for work it expects to contract out.  The Union will receive additional State web sites within thirty (30) days of when they come on line.

39.03 – Joint Sub-Contracting Pilots

Within 120 days of this Agreement the parties will agree to the establishment of 3 Agency pilot programs that will explore Agency contracting practices and develop strategies for alternatives to contracting out.

Pilots will explore the factors that motivate subcontracting, discuss future plans and develop joint strategies that will permit State employees to perform the work by meeting the agency service delivery needs.

See Related

OCSEA Contract with the State of Ohio