A Message from President Parks: Cost Savings Days for Bargaining Units 3, 4 and 5

July 22, 2010 - Recently, I have become aware of several areas of concern surrounding CSD’s in bargaining units 3, 4 and 5. This letter is to clarify the facts as I have been informed. I will address each issue separately. A copy of the Agreement can be found here.

Holiday Pay/CSD Grievance

We are awaiting additional payroll documentation. Two different requests have been made by OCSEA and the Office of Collective Bargaining (OCB). Upon receipt of the information, the grievance will be scheduled for arbitration.

Equalization

As you are aware, CSD’s for bargaining units 3, 4 & 5 were negotiated through a Letter of Agreement between OCSEA, AFSCME Local 11 and the State of Ohio. During the 2009 contract negotiations, Bargaining Units 3, 4 & 5 were specifically excluded from CSD’s due to overtime costs and scheduling issues. Economic equalization (or payment for unused CSD days) is strictly prohibited under this Letter of Agreement. (Please see paragraph 4 of the Agreement)

Overtime

CSD’s are inactive pay status for the purpose of overtime calculations. They should be counted in the same manner as sick leave.

Overtime is only due after forty (40) hours in active pay status has occurred during a calendar week. Although vacation leave is normally active pay status, days that are converted to CSD’s are then inactive pay status. Compensatory time and personal leave (or vacation leave in lieu of personal leave) remain active pay status. This issue is addressed in paragraph 10 of the Agreement.

Black Out Days

Not all contractual issues were addressed in the Agreement. Areas which were not addressed are interpreted pursuant to Article 36.11

The third paragraph of 36.11 contains the following statement:

“The Employer shall indicate days which are not available and are identified as “black out” days based on operational needs.”

The State has designated June 1-30, 2011 as Black Out Days. Therefore, no CSD time may be used after May 31, 2011. Operationally, the State needs this time to ensure that OAKS can properly close out the fiscal year and balance the accounts. Therefore, any CSD’s not used prior to June 1, 2011 will be forfeited. However, vacation leave remains available during this period.

Parity

Recently, the Department of Administrative Services (DAS) adopted new administrative rules which allow exempts to take less than a full shift of CSD time. This created a parity with bargaining unit employees in 7, 9, 13 and 14 who, in some cases, were already taking partial days.

Paragraph 8 of the Agreement restricts bargaining unit 3, 4 and 5 members to full shift increments.

Probationary Employees

Probationary employees are not eligible for vacation time and therefore are not eligible for CSDs. Once an employee is eligible for vacation, s/he will be eligible to use pro-rated CSDs. (Paragraph 9 of the Agreement)

I hope this letter has answered some of your concerns. If you have further questions and/or comments, please feel free to contact Tim Shafer, Operations Director at tshafer@ocsea.org or your staff representative.

In Solidarity,

OCSEA President Eddie L. Parks
OCSEA Operations Director Tim Shafer

See Related

Cost-savings Days