The arbitrator’s decision regarding OCSEA’s emergency pay grievance has been released. Due to management refusing to grant emergency pay under Article 13.15 to OCSEA members who worked during the pandemic, the union filed a grievance and proceeded to arbitration on this issue.
Unfortunately, the arbitrator agreed with the State’s technical argument that there was never a declaration of a public safety emergency under Article 13.15 (B) of the Collective Bargaining Agreement and that some or many employees were not furloughed for the duration, therefore he believed the stipend was not applicable.
“The state has the ability to pay essential employees right now for their role in the pandemic under the American Rescue Plan. These employees should be rewarded not punished by management and the administration,” said OCSEA Pres. Chris Mabe.
“Even though management may think this is a win, it’s a loss for everyone. Essential employees are the backbone of the State of Ohio,” said Mabe.
The union strongly disagrees with this decision. The union will be reviewing all its options moving forward, including filing a Motion to Vacate in court. Under the Ohio Revised Code 2711.10, the court of common pleas shall make an order to vacate an award upon the application of any party to the arbitration if certain criteria are met. The threshold is exceedingly high. The court can vacate only under any of the following circumstances:
- (A) The award was procured by corruption, fraud, or undue means.
- (B) There was evident partiality or corruption on the part of the arbitrators, or any of them.
- (C) The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.
- (D) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made. (ORC 2711.10)
The union’s Office of General Counsel will be reviewing the decision and considering other legal options.