Proposals

Management of the State of Ohio proposals

Dec. 8, 2005

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• Article 3
• Article 4
• Article 5
• Article 6
• Article 7
• Article 11
• Article 13
• Article 16
• Article 17
• Article 18
• Article 24
• Article 25
• Article 26
• Article 27
• Article 28
• Article 29
• Article 30
• Article 31
• Article 34
• Article 35
• Article 36
• Article 41
• Article 43
• Article 44

Article 3

• Union required to designate 1 steward and 1 alternate per shift at each facility.
• Maximum of 600 Union representatives off without pay for OCSEA Convention.
• Maximum of 4 members off for Assembly work without pay, and a maximum of 1 employee per same work site.
• Maximum of 8 members off for Arbitration Committee work.
• Maximum of 3 members off for Discharge Review Committee.
• Maximum of 1 member per facility, 6 times per year to attend a Pre-Arbitration Review Committee.

Article 4

• Religious Accommodation Pursuant to Title VII
• Eliminate 4.03 maintenance of membership

Article 5

• Expand management rights

Article 6

• Expand probationary period for Youth Leader to 12 months.
• Management right to place employee back into former classification for failure to perform job requirements, including those bid into exempt positions.
• Expand probationary periods for lateral transfers, and demotions.
• Expand probationary periods for temporary, intermittent, interim or seasonal employees who become permanent.

Article 7

• Expand rights of other-than-permanent positions.
• Expand intermittent positions to 1,200 hours per year
• Modify definition of intermittent employee to include temporary work
• Create non-bargaining unit project employee to be used only for duration of project

Article 11

• Employer pays only for follow-up test after initial TB positive test.
• All direct care and custody staff in DRC and DYS should be required to be certified and maintain their certification in CPR and First Aid.
• Combine Health & Safety committee with Labor Management, if both parties agree
• Discontinue eye exam for employees who operate VDT
• Take away two 15-minute breaks from VDT per day

Article 13

• Limit MH, MR & OVH to 13 weekends off per year.
• Weekend defined as any combination of Friday/Saturday, Saturday/Sunday or Sunday/Monday
• Include DRC into 13.02 and Appendix N establishes classifications subject to work area and pick-a-post agreements
• Employer’s discretion for meal periods for employees working straight 8 hours.
• Reassignments for other operational needs
• Expand temporary reassignments to 60 days
• Posted schedules shall not require Employer to pay overtime
• Employer may take disciplinary action for overtime refused.
• Eliminate emergency overtime
• Accrue comp time only for actual hours worked in excess of 40 hours
• Eliminate emergency leave

Article 16

• Delete institutional seniority
• Employer may provide electronic posting of seniority rosters
• Seniority recalculation and challenge process within 90 days of ratification

Article 17

• Employer may repost or select from remaining applicants when initial applicant fails to complete probation
• 6-month bidding restriction for employees who fail probation
• Include work record in selection criteria
• Limited grievance rights
• Findings from proficiency tests and assessments – not released
• Permanent transfers – no applicants – least senior

Article 18

• Include appointment type considerations in displacement/bumping
• Institute a voluntary furloughs program

Article 24

• Any felony conviction triggers automatic termination
• Permit management to impose up to a 10-day first-time fine
• Union must go forward with pre-discipline hearings when employee is on disability
• Mandated polygraph stress test when complaining party agrees to exam

Article 25

• Employer’s discretion to use video/audio conferencing for grievance meetings.
• Union must notify State of results from arb committee, PARC and discharge review within 14 days.
• All Article 17 issue grievances must be scheduled first, unless mutually agreed
• Union may submit witness statements at all steps
• Fees for requested public records must be paid before documents released
• Union staff must represent Union’s interest if grievant fails to attend scheduled grievance hearings or withdraw grievance

Article 26

• Employees who work other than 8-hour shifts, will revert to a 5 day 8-hour shift during weeks that include a holiday
• Employees must work the day before and the day after a holiday in order to be eligible for holiday pay

Article 27

• 72-hour prior notice for personal leave, and would be granted at management’s discretion
• Personal leave can be denied for operational needs
• In institutional agencies, no personal leaves would be permitted prior to or after a holiday
• In DRC & DYS, no personal leave on weekends
• No personal leave available until it appears on employee’s pay stub

Article 28

• Vacation leave not available until it appears on pay stub

Article 29

• Shrink definition of immediate family to spouse, significant other, child, step-child, parents and step-parents
• No sick leave accrual while on workers’ compensation
• Would allow management to require a physician statement for suspected abuse or misuse of sick leave
• No sick leave available until it appears on pay stub

Article 30

• Limit bereavement leave to the purpose of attending the funeral
• No witness pay when witness duty is related to secondary employment (outside state service), or at an arbitration or grievance related to state employee contract

Article 31

• Extended illness leave reduced to 6 months with 3 years or more of service
• FMLA time will run concurrently with other paid or unpaid leave under FMLA

Article 34

• Reduce management’s responsibility to pay for health insurance for service-connected injury and illness after one year
• Occupational Injury Leave for certain part-time and established term appointment employees

Article 35

• Full-time permanent employees with 1 year of service with an injury or illness for more than 14 consecutive days will be entitled to benefits
• No employee would be eligible for disability benefits for mental disorders, alcohol or drug addiction, sprains, strains or spasms, self-inflicted conditions and or conditions related to the commission of any crime
• Benefits reduced from 70 percent to 50 percent, and decrease lifetime maximums
• Disability separations not grievable, but subject to appeal with SPBR
• Employees under investigation – no disability benefits for 90 days from date employee is notified of investigatory interview scheduled

Article 36

• Classification series will count as 1 of 8 classifications allowed under annual review
• Employees cannot file Article 19 grievances while working in a classification under review
• All holding classes would be deleted except Project Inspector 2 and Worker’s Compensation Claims Representative 4
• Eliminate Roll Call Pay in DRC and DYS
• Effective July 2006, all employees would be paid only through direct deposit
• Delete Work Force Development program

Article 41

• Would permit management to go to court for injunctive relief from strikes, work stoppages, slowdowns

Article 43

• Reduce OCSEA’s Negotiating Team to 11
• Memoranda of Understanding automatically expire upon expiration of this agreement, unless mutually agreed

Article 44

• No employee expectation of privacy
• 90-day notice of any institutional closure
• No inclusion of rights or benefits outside of the contract

See Related

Lead Negotiator Andy Douglas Writes Letter to OCSEA Members

Summary of Union's Proposals