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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Aug 01 5:16 PM-22CV005232
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
OHIO CIVIL SERVICE EMPLOYEES ) CASE NO. 22CV005232
ASSOCIATION, LOCAL 11, AFSCME )
AFL-CIO UNION JUDGE MICHAEL HOLBROOK
Movant,
vs.
STATE OF OHIO, OFFICE OF
COLLECTIVE BARGAINING
Respondent.
ARBITRATION RECORD
This filing contains the record of the arbitration proceedings in Case No. OCS-2020-00918
between Ohio Civil Service Employees Association, Local 11, AFSCME, AFL-CIO Union and
the State of Ohio, heard February 3 and 17, 2022 by Arbitrator Gregory P. Szuter who issued an
award on May 16, 2022. The record includes the award, briefs, motions, and exhibits.
Respectfully submitted,
JOYCE GOLDSTEIN & ASSOCIATES,
A LEGAL PROFESSIONAL ASSOCIATION
/s/ Richard L. Stoper, Jr.
Joyce Goldstein, Trial Attorney (#0029467)
jgoldstein@ggcounsel.com
Richard L. Stoper, Jr. (#0015208)
rstoper@ggcounsel.com
3080 Laurel Road
Cleveland, Ohio 44120
(216) 771-6633
(216) 771-7559 (fax)
Attorneys for Movant Ohio Civil Service Employees
Association, Local 11, AFSCME, AFL-CIO Union
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Aug 01 5:16 PM-22CV005232
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Franklin Count ty Ohio Clerk of Courts of the Sg mman Pleas- 2022 |
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ion of diffe
ences, and the’: 2 s, hours and
erms and conditicl sioyment. ARTICLE 3
UNION RIGHTS - 3.01 - Access - It is agreed that the
Agencies covered by this Agreement shall grant re.
able access to stewards, professional Union repre
tives and chapter officers, defined to include Pre:
and Vice President, for the purpose of administeris
Agreement. The Employer may provide a repres¢
tive to accompany a non-employee Union repreg
tive where security or treatment considerations ¢
allow non-employee access. The Union shall fi
the Employer, in writing, the names of the
sentatives and their respective jurisdic)
soon as they are designated. Any cha
‘ded to the Employer by
are made. 3.02 - Stew:
ess gong
Oa a aa
Between THE OHIO
And CIVIL SERVICE
THE STATE EMPLOYEES
OF OHIO ASSOCIATION
Or
SENN
BEAL Fe BLS)
s, vil Service:
loyees Association:
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PREAMBLE.
ARTICLE 1 - RECOGNITION
1.01 - Exclusive Representation...
1.02 - Inclusion/Exclusion of Existing Classifications .
1.03 - Fiduciary Positions..
1.04 - Inclusion/Exclusion of New Classifications.
1.05 - Bargaining Unit Work
ARTICLE 2 —- NON-DISCRIMINATION
2.01 - Non-Discrimination
2.02 - Agreement Rights
2.03 - Equal Employment Opportunity/Affirmative Action
ARTICLE 3 —- UNION RIGHTS
3.01 - Access.
3.02 - Stewards
3.03 - Union Activities.
3.04 - Meeting Space
3.05 - Bulletin Boards
3.06 - Mail Service and Use of State Electronic Systems
3.07 - Union Orientation.
3.08 - Information Provided to the Union.
3.09 - Printing of Agreement
3.10 - Union Leave
3.11 - Union Requests for Time Away from Jol ties for nion
Work...
3.12 - Union Offices
ARTICLE 4 —- CHECKOFF.
4.01 - Dues Deduction
4.02 - Fair Share Fee 10
4.03 - Maintenance of Membership 10
4.04 - Religious Accommodation Pursuant to itle 10
4.05 - Indemnification. ll
ARTICLE 5 - MANAGEMENT RIGHTS 11
ARTICLE 6 —- PROBATIONARY EMPLOYEES 12
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6.01- Probationary Periods... 12
6.02 - Conversion of Temporary, Intermittent, Interim, Welfare to
Work Initiative or Seasonal Employees.. 14
ARTICLE 7 OTHER THAN PERMANENT POSITIONS 15
7.01 - Temporary Positions 15
7.02 - Interim Positions. 15
7.03 - Intermittent Positions. 15
7.04 - Seasonal Employees .. 16
7.05 - Salaries of Interim Positions and Non-Intermittent 1,000 Hour
Assignments Positions 16
7.06 - Seasonal, Intermittent, Interim, Temporary Overtime. 16
7.07 - Welfare to Work Initiative Participants... 16
7.08 - Work Scheduling 16
7.09 - Project Employees 17
7.10 - Temporary Working Level Pay Supplements. 17
ARTICLE 8 - LABOR/MANAGEMENT COMMITTEES 17
8.01 - Agency Committees . 17
8.02 - Committee Purpose and Agenda, 17
8.03 - Time Off. 18
8.04 - Labor/Management Relations... 18
8.05- Joint Information Technology (IT) Committee 18
ARTICLE 9 - OHIO EMPLOYEE ASSISTANCE PROGRAM. 20
9.01 - Joint Promotion. 20
9.02 - Ohio EAP Advisory Committee . 20
9.03 - Ohio EAP Steward Training... 20
9.04 - Employee Participation in Ohio EAP 20
ARTICLE 10 —- CHILD CARE 21
10.01 - Child Care Expenses Reimbursement Program 21
10.02 - Dependent Care Spending Account Program 22
10.03 - Communication of Programs to Employees 23
ARTICLE 11 - HEALTH AND SAFETY. 23
11.01 - General Duty... 23
11.02- Personal Protective Clothing and ‘Equipment .. 23
11.03 - Unsafe Conditions.. 23
11.04 - Workplace Violence 24
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11.05 - Communicable Diseases. 24
11.06 - The Right-to-Know About Toxic Substances. 25
11.07 - First Aid and CPR (Cardiopulmonary Resuscitation). 25
11.08 - Video Display Terminals 26
11.09 - Working Alone 26
11.10 - Asbestos 26
11.11 - Concern for Pregnancy Hazards. 27
11.12 - Health and Safety Committees 27
11.13 Physical Exams. 28
11.14 - Duty to Report 28
11.15 - Vehicle Inspection 29
11.16 - Water and Restroom Facilities. 29
11.17 - Personal Property 29
11.18 - Lounge Areas. 29
11.19 - Emergency Phone Use 29
ARTICLE 12 —- STAFFING CONCERNS. 29
ARTICLE 13 - WORK WEEK, SCHEDULES AND OVERTIME
29
13.01 - Standard Work Week. 29
13.02 - Work Schedules
13.03 - Meal Periods 31
13.04 - Rest Periods
13.05 - Reassignments Within Institutions 31
13.06 - Report-In Locations 32
13.07 - Overtime
13.08 - Call-BackP:
13.09 - Report Pay 34
13.10 - Payment for Overtime 34
13.11 - Wash-Up Time
13.12 - Stand-By Pay
13.13 - Flextime/Four Day Work Week
13.14 - Shift Rotation, Swing Shifts and Split 36
13.15 - Emergency Leavi 36
13.16 - Time Clocks 38
ARTICLE 14 —- RESERVED FOR FUTURE USE 38
ARTICLE 15 - EMPLOYMENT SECURITY 38
ARTICLE 16 — SENIORITY. 40
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16.01 - Definitions 40
16.02 - Exceptions 41
16.03 - Ties 42
16.04 - Seniority Rosters. 42
16.05 - Statewide Seniority Credit Tribunal 42
ARTICLE 17 - PROMOTIONS, TRANSFERS, DEMOTIONS
AND RELOCATIONS 43
17.01 - Policy 43
17.02 - Definitions 44
17.03 - Posting 45
17.04- Applications. 46
17.05- Selection .. 47
17.06- Selection Devices/Proficiency Instruments/Assessments.. 48
17.07 - Permanent Transfers . 49
17.08 - Permanent Relocation 49
17.09 - Nepotism... 50
17.10 - ODOT Temporary Work Assignment 50
ARTICLE 18 — LAYOFFS 50
18.01 - Layoffs. 30
18.02 - Guidelines. 31
18.03 - Implementation of Lay off Procedure... 51
18.04 - Bumping in the Same Office, Institution or Count
18.05 - Bumping in the Agency Geographic Jurisdiction
18.06 - Previously Held Classifications
18.07 - Bumping Outside the Unit 34
18.08 - Limits.
18.09 - Geographic Divisions
18.10 - Classification Groupings 54
18.11 - Recall... 54
18.12 - Bidding Rights for Employ. ees on Layoff. 55
18.13 - Reemployment 55
18.14 - Placement 56
18.15 - Service Credits 56
18.16 - Inter-Agency Merger 56
18.17 - Alternate Procedures. 56
18.18 - Layoff Committee. 57
18.19 - Notice to Other Agencies. 57
ARTICLE 19 - WORKING OUT OF CLAS:
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19.01 - Position Descriptions 57
19.02 - Grievance Steps 57
19.03 - Holding Classes 60
19.04 - No Pre-positioning 60
ARTICLE 20 - BENEFITS 60
20.01 - Health Care, Eligibility, Open Enrollment 60
20.02 - Joint Health Care Committee (JHCC) 64
20.03- Health Plan Characteristics... 67
20.04- Health Plan Selection and Contracting . 84
20.05 - Employee Costs.. 86
20.06 - Voluntary Supplemental Benefit Plans. 88
ARTICLE 21 —- UNION BENEFITS TRUST 89
21.01 - Trust Governance . 89
21.02 - Trust Benefits for State Employees 89
21.03- Payroll Deductions 90
21.04 - Administrative Agreement Betwe eennthe Union Benefits
Trust and the Employer... 90
21.05 - Payments. 90
21.06 - Non-Bargaining Unit Coverages for State Employees 90
ARTICLE 22 —- PERFORMANCE EVALUATION 91
22.01 - Use 91
22.02 - Limits. 91
22.03 - Appeals 92
ARTICLE 23 - PERSONNEL RECORDS 92
23.01 - Personnel Files. 92
23.02 - Review of Personnel Files 93
23.03 - Employee Notification. 93
ARTICLE 24 — DISCIPLINE: 93
24.01 - Standard... 93
24.02- Progressive ‘Discipline 94
24.03 - Supervisory Intimidation 94
24.04 - Investigatory Interview 95
24.05 - Pre-Discipline 95
24.06 - Imposition of Discipline 96
24.07 - Prior Disciplinary Actions 97
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24.08 - Polygraph Stress Tests... 97
24.09 - Drug Testing. 98
24.10 — Ohio Employee ‘Assistance Program (EAP). 98
ARTICLE 25 - GRIEVANCE PROCEDURE. 98
25.01 - Process 98
25.02 - Grievance Steps 100
25.03 - Arbitration Procedures 104
25.04 - Grievance Procedure Committees 104
25.05- Arbitration/Mediation Panels 105
25.06 - Time Limits 106
25.07 - Time Off, Meeting Space ‘and Telephone Use 106
25.08 - Other Grievance Resolution Methods... 107
25.09 - Relevant Witnesses and Information 107
25.10 - Expedited Arbitration Procedure 108
25.11 - Non-Traditional Arbitration 108
25.12 - Attendance 109
25.13 - Electronic Grievance System.. 109
25.14 - Miscellaneous... 109
ARTICLE 26 — HOLIDAYS 109
26.01 - Observance 109
26.02 - Holiday Pay 110
26.03 - Work on Holidays. 110
26.04 - Eligibility for Holiday Pay Wi
ARTICLE 27 PERSONAL LEAVE 111
27.01 - Eligibility for Personal Leave lll
27.02 - Personal Leave Accrual lll
27.03 - Charge of Personal Leave lll
27.04- Notification and Approval of Use of Personal Leav: lll
27.05- Prohibitions. 112
27.06 - Conversion or Carry Forward of Personal Leave Credit at
Year's End.. 112
27.07 - Converersion ‘of Personal Leave Credit Upon: Separation from
Service . 112
27.08- Transfer of Personal ‘Leave Credit... 112
27.09 - Leave Availability 112
ARTICLE 28 — VACATIONS 112
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28.01 - Rate of Accrual 112
28.02 - Maximum Accrual 113
28.03 - Procedure 14
28.04 - Payment upon Separation 14
28.05 - Disposition of Work During Vacation 15
28.06 - Leave Availability 15
28.07 - Annual Vacation Leave Conversion... 115
ARTICLE 29 - SICK LEAVE 115
29.01 - Definitions: Sick Leave for State Employees 115
29.02 - Sick Leave Accrual 115
29.03 Notification. 117
29.04 - Sick Leave Policy 117
29.05 - Carry-Over and Conversion. 120
29.06 - Leave Donation Program 120
29.07 - Sick Leave Pilot Program 122
29.08 - Leave Availability 122
ARTICLE 30 - OTHER LEAVES WITH PAY. 123
30.01 - Jury Duty 123
30.02 - Military Leave 123
30.03 - Bereavement Leave 123
30.04 - Voting 123
30.05 - Witness Duty 123
30.06 - Professional Meetings. 124
30.07 - Civic Duty 124
30.08 - Paid ‘Adoption/Childbirth Leave. 124
ARTICLE 31 —- LEAVES OF ABSENCE 127
31.01 - Unpaid Leaves 127
31.02 - Military Leav 128
31.03 - Application for Leave 128
31.04 Authorization for Leave 129
31.05 - Failure to Return from Leave: 129
31.06 - Application of the Family and Medical Leave Act 129
ARTICLE 32 — TRAVEL. 129
32.01 - Overnight Stays 129
32.02 - Personal Vehicle 129
32.03 Travel Reimbursement. 129
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32.04 - Travel Outside the United States 130
32.05 - Payment 130
32.06 - Duty to Report 130
32.07 - Miscellaneous 130
ARTICLE 33 — UNIFORMS AND TOOLS 131
33.01 - Uniforms 131
33.02 - Tools 131
ARTICLE 34 — SERVICE-CONNECTED INJURY AND
ILLNESS 131
34.01 - Health Insurance... 131
34.02- Salary Continuation for Workers* Compensation Claims 132
34.03 - Other Leave Usage to Supplement Workers’ Compensation
133
34. 04- ~ Occupational Tajury Leave . 133
34.05 - Transitional Work Programs... 134
34.06 - Hostage Leave.. 134
34.07 - Leave to Attend Industrial Commission Hearing ... 135
34.08 - Implementation... 135
ARTICLE 35 — DISABILITY BENEFITS 135
35.01 - Disability Program. 135
35.02 - Disability Review 137
35.03 - Information Dissemination 137
35.04 - Orientation... 137
35.05 - Insurance Providers. and Third Party “Administrators 137
ARTICLE 36 —- WAGES 138
36.01 - Definitions 138
36.02 - General Wage Increase. 138
36.03 - Step Movement. 138
36.04 - Promotions 139
36.05 - Classifications and Pay Range Assignments 139
36.06 - Roll Call Pay 148
36.07 - Longevity Pay 148
36.08 - Shift Differential 149
36.09 - Electronic Funds Transfer ( 149
36.10 - Agency Specific Agreements. 149
36.11 - Payroll Errors... 149
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ARTICLE 37 - EMPLOYEE TRAINING AND DEVELOP! NT
150
37.01 - Dissolution of the Workforce Development Fund-(5D7
Fund). 150
37.02 -> Training and ‘Development. 150
37.03 - Union Education Trust. 150
37.04 - Orientation Training 151
37.05 - In-Service Training 151
37.06 - Leave for Training/Continuing Education Programs 151
37.07 - Training Records 152
37.08 - Pre-Retirement Programs. .. 152
37.09 - Accreditation, Licensure or Certification Requirements.. 152
37.10 - Computer Purchase Program 152
ARTICLE 38 —- TECHNOLOGICAL CHANGE. 153
ARTICLE 39 — SUB-CONTRACTING. 153
39.01 - Contracting Out 153
39.02 - Contracting-In. 154
39.03 - Joint Sub-Contracting Pilots 154
ARTICLE 40 —- INDEMNIFICATION 155
ARTICLE 41 NO STRIKE/NO LOCKOUT. 155
41.01 - Union Prohibition 155
41.02 - Affirmative Duty 155
41.03 - Disciplinary Actions 155
41.04 - Employer Prohibition. 156
ARTICLE 42 —- SAVINGS 156
ARTICLE 43 — DURATION 156
43.01 - Duration of Agreement 156
43.02 - Renegotiations 156
43.03 - Mid-Term Contractual Changes .. 157
43.04 - Memorandum of Understanding Duration. 157
43.05 - Contract Dispute 157
ARTICLE 44 — MISCELLANEOUS 157
44.01 - Agreement 157
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44.02 - Operations of Rules and Law . 158
44.03 - Total Agreement... 158
44.04 - Work Rules... 158
44.05 - Technology 158
44.06 - Successor... 158
44.07 - Errata 159
44.08 - OAKS and KRONOS Issues... 159
APPENDIX A. 163
Classifications - Bargaining Unit 3 163
APPENDIX B 163
Classifications - Bargaining Unit 4. 163
APPENDIX C. 164
Classifications - Bargaining Unit 5 164
APPENDIX D. 165
Classifications - Bargaining Unit 6. 165
APPENDIX E 168
Classifications - Bargaining Unit 7. 168
APPENDIX F 172
Classifications - Bargaining Unit 9. 172
APPENDIX G.. 176
Classifications - Bargaining Unit 13 176
APPENDIX H. 179
Classifications - Bargaining Unit 14 179
APPENDIX I 186
Classification Groupings - Bargaining Unit 3 186
Classification Groupings - Bargaining Unit 4 186
Classification Groupings - Bargaining Unit 5 188
Classification Groupings - Bargaining Unit 6. 188
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Classification Groupings - Bargaining Unit 7. 192
Classification Groupings - Bargaining Unit 9. 203
Classification Groupings - Bargaining Unit 13 209
Classification Groupings - Bargaining Unit 14 212
APPENDIX J - GEOGRAPHIC JURISDICTIONS 222
ADJUTANT GENERAL 223
DEPARTMENT OF ADMINISTRATIVE SERVICES... 223
DEPARTMENT OF AGING 223
DEPARTMENT OF AGRICULTURE 223
OFFICE OF BUDGET AND MANAGEMENT 223
CIVIL RIGHTS COMMISSION 223
DEPARTMENT OF COMMERCE... 224
OFFICE OF CONSUMER’S COUNSEL... 224
OHIO DEVELOPMENT SERVICES AGENCY... 224
OHIO DEPARTMENT OF DEVELOPMENTAL DISABILITIES
224
DEPARTMENT OF. EDUCATION... 225
OHIO ENVIRONMENTAL, PROTECTION ‘AGENCY... 225
OHIO EXPOSITIONS COMMISSION 225
DEPARTMENT OF HEALTH. 226
DEPARTMENT OF HIGHER ED! 226
OHIO HOUSING FINANCE AGENCY 226
INDUSTRIAL COMMISSION OF OHIO. 226
DEPARTMENT OF INSURANCE 227
DEPARTMENT OF JOB AND FAMII 227
STATE LIBRARY.. 228
OHIO LOTTERY COMMISSION. 228
OHIO DEPARTMENT OF MEDICAID... 228
DEPARTMENT OF MENTAL HEALTH ‘AND ‘ADDICTION.
SERVICES.. 228
DEPARTMENT OF. NATURAL RESOURCES... 229
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES .. 230
DEPARTMENT OF PUBLIC SAFETY (EXCLUDING STATE
HIGHWAY PATROL). 231
PUBLIC UTILITIES COMMISSION OF OHIO. 232
DEPARTMENT OF REHABILITATION AND CORRECT. ION 232
DEPARTMENT OF TAXATION 233
OHIO DEPARTMENT OF TRAN: SPORTATION 233
DEPARTMENT OF VETERANS SERVICES 234
BUREAU OF WORKERS’ COMPENSATION 234
DEPARTMENT OF YOUTH SERVICES 235
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APPENDIX K —- GUIDELINES FOR OCCUPATIONAL INJURY
LEAVE 236
APPENDIX L— PAY RANGES 241
APPENDIX M - DRUG-FREE WORKPLACE POLICY 246
APPENDIX N WORK AREAS FOR MENTAL HEALTH AND
ADDICTION SERVICES, DEVELOPMENTAL DISABILITIES,
DEPARTMENT OF YOUTH SERVICES AND DEPARTMENT
OF VETERANS SERVICE! 254
APPENDIX O —- ALPHABETICAL CLASSIFICATION LIST.. 258
APPENDIX P — UNIT-SPECIFIC AGREEMENTS
(DEPARTMENT OF VETERANS SERVICES AND
DEPARTMENT OF DEVELOPMENTAL DISABILITIES). 281
4.1 - Overtime Roster. 282
4.2 - Maintenance of the Roste: 282
4.3 282
44 283
4.5 283
4.6 283
47 283
4.8 283
4.9 284
4.10 284
APPENDIX Q- AGENCY SPECIFIC AGREEMENTS. 284
ADJUTANT GENERAL’S DEPARTMENT. 284
DEPARTMENT OF ADMINISTRATIVE SERVICES. 289
DEPARTMENT OF AGRICULTURE.. 290
DEPARTMENT OF COMMERCE... 294
OHIO DEPARTMENT OF DEVELOPMENTAL DISABILITIES
296
DEPARTMENT OF. EDUCATION - “OHIO SCHOOL FOR THE
DEAF AND OHIO STATE SCHOOL FOR THE BLIND. 297
ENVIRONMENTAL PROTECTION AGENCY 300
DEPARTMENT OF HEALTH. 301
DEPARTMENT OF JOB AND F. 301
LOTTERY COMMISSION... 309
DEPARTMENT OF MENTAL HEALTH AND ADDICTION.
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SERVICES.. 311
DEPARTMENT OF. NATURAL RESOURCES... 319
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES 323
OHIO DEPARTMENT OF PUBLIC SAFETY. 327
PUBLIC UTILITIES COMMISSION OF OHIO. 330
DEPARTMENT OF REHABILITATION AND CORRECT! ION334
OHIO DEPARTMENT OF TRANSPORTATION 340
DEPARTMENT OF VETERANS SERVICES 356
OHIO BUREAU OF WORKERS’ COMPENSATION 358
DEPARTMENT OF YOUTH SERVICES 361
APPENDIX R —- VOLUNTARY COST SAVINGS PROGRAM. 370
APPENDIX S - IT AGREEMENTS 372
APPENDIX T —- FURLOUGH 375
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PREAMBLE
This Agreement, is hereby entered into by and between the State of
Ohio, hereinafter referred to as the Employer, and the Ohio Civil Service
Employees Association, AFSCME, Local 11, AFL-CIO, hereinafter
referred to as the Union, has as its purpose the promotion of harmonious
relations between the Employer and the Union: the establishment of an
equitable and peaceful procedure for the resolution of differences; and
the establishment of wages, hours, and other terms and conditions of
employment.
ARTICLE 1- RECOGNITION
1.01 - Exclusive Representation
The Employer recognizes the Union as the sole and exclusiv:
bargaining representative in all matters establishing and pertaining to
wages, hours, and other terms and conditions of employment for all
permanent full and part-time employees and intermittent employees
(excluding temporary, interim, and seasonal employees, except
bargaining unit employees serving in an interim position) in the
classifications included in certifications of the State Employment
Relations Board (SERB).
These classifications include those listed in Appendices A-H
(bargaining units 3, 4, 5, 6, 7, 9, 13 and 14). Any classifications added to
the units shall be added to the appendices as though originally included.
The Employer will not negotiate with any other Union or employee
organization on matters pertaining to wages, hours and other terms or
conditions of employment. Nor shall the Employer permit dues
deduction for another organization purporting to represent employees on
these matters or negotiate with employees over wages, hours and other
terms and conditions of employment.
1.02 - Inclusion/Exclusion of Existing Classifications
If it is believed that the bargaining unit status of a position has
changed for a reason other than fiduciary relation, the Office of
Collective Bargaining or the Union, whichever is proposing the change,
shall notify the other. Following such notice, a joint or single party
petition may be filed with the State Employment Relations Board
(SERB). No change in bargaining unit status shall be effective prior to a
final determination by
1.03 - Fiduciary Positions
The Employer will notify the Union when it plans to declare a
bargaining unit position as fiduciary. The Union shall inform the
Employer of its position in writing within forty-five (45) days of receipt
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of such notification. In the event the Union fails to respond within forty-
five (45) days, the Employer’s proposal will be deemed rejected and the
matter will be scheduled for arbitration. When a dispute occurs over the
designation of a position as fiduciary under the provisions of Section
124.11 of the Ohio Revised Code, the matter shall be resolved through
discussion between the Deputy Director of the Office of Collective
Bargaining and the President of the Union or his/her designee. If such
discussion does not resolve the matter, either party may submit the issue
to a mutually agreed upon arbitrator. No change in bargaining unit status
shall be effective until formal written agreement is executed between
OCB and the Union or a final determination is issued by the arbitrator.
Once the matter has been resolved through this Section, a joint Petition
for Amendment of Certification shall be filed before SERB within thirty
(30) days.
1.04 - Inclusion/Exclusion of New Classifications
The Employer will promptly notify the Union of its decision to
establish all new classifications. If a new classification is a successor title
to a classification covered by this Agreement with no substantial change
in duties, the new classification shall automatically become a part of this
Agreement.
If a new classification contains a significant part of the work now
done by any classifications in these bargaining units or shares a
community of interest with classifications in one of the bargaining units,
the Union may notify the Employer that it believes the classification
should be in the bargaining unit within thirty (30) days of its receipt of
the Employer’s notice. The parties will then meet within twenty-one (21)
days of such notice to review the classification specifications. Where
agreement is reached, the parties will file a joint Petition for Amendment
of Certification before SERB to include the new classification. If unable
to agree as to its inclusion or exclusion, the parties shall submit the
question to SERB for resolution.
1.05 - Bargaining Unit Work
Supervisors shall not increase, and the Employer shall make every
reasonable effort to decrease the amount of bargaining unit work done
by supervisors.
Supervisors shall only perform bargaining unit work to the extent
that they have previously performed such work. During the life of this
Agreement, the amount of bargaining unit work done by supervisors
shall not increase, and the Employer shall make every reasonable effort
to decrease the amount of bargaining unit work done by supervisors.
In addition, supervisory employees shall only do bargaining unit
work under the following circumstances: iff ¢a8és'of emereetiey: when
necessary to provide break and/or lunch relief; to instruct or train
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employees: to demonstrate the proper method of accomplishing the tasks
assigned; to avoid mandatory overtime; to allow the release of
employees for Union or other approved activities; to provide coverage
for no shows or when the classification specification provides that the
supervisor does, as a part of his/her job, some of the same duties as
bargaining unit employees.
Except in emergency circumstances, overtime opportunities for
work normally performed by bargaining unit employees shall first be
offered to those unit employees who normally perform the work before
it may be offered to non-bargaining unit employees.
The Employer recognizes the integrity of the bargaining units and
will not take action for the purpose of eroding the bargaining units.
ARTICLE 2 - NON-DISCRIMINATION
2.01 - Non-Discrimination
Neither the Employer nor the Union shall discriminate in a way
inconsistent with the laws of the United States or the State of Ohio on
the basis of race, sex, creed, color, religion, age, national origin, political
affiliation, disability, sexual orientation, or veteran status. Except for
tules governing nepotism, neither party shall discriminate on the basis of
family relationship. The Employer shall prohibit sexual harassment and
take action to eliminate sexual harassment in accordance with Section
4112 of the Ohio Revised Code, and Section 703 of Title VII of the Civil
Rights Act of 1964 (as amended).
The Employer may also undertake reasonable accommodation to
fulfill or ensure compliance with the Americans with Disabilities Act of
1990 (ADA) and corresponding provisions of Chapter 4112 of the Ohio
Revised Code. Prior to establishing reasonable accommodation which
adversely affects rights established under this Agreement, the Employer
will discuss the matter with a Union representative designated by the
President.
The Employer shall not solicit bargaining unit employees to make
political contributions or to support any political candidate, party or
issue.
2.02 - Agreement Rights
No employee shall be discriminated against, intimidated, restrained,
harassed or coerced in the exercise of rights granted by this Agreement,
nor shall reassignments be made for these purposes.
2.03 - Equal Employment Opportunity/Affirmative Action
The Employer and the Union agree to work jointly to implement
positive and aggressive equal employment opportunity/affirmative
action programs to prevent discrimination and to ensure equal
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ;
06023 - P2
employment opportunity in the application of this Agreement.
The Agencies covered by this Agreement will provide the Union
with copies of equal employment opportunity/affirmative action plans
and programs upon request. Progress toward equal employment
opportunity/affirmative action goals shall also be an appropriate subject
for Labor/Management Committees.
ARTICLE 3— UNION RIGHTS
3.01 - Access
It is agreed that the Agencies covered by this Agreement shall grant
reasonable access to stewards, professional Union representatives and
chapter officers, defined to include President and Vice President, for the
purpose of administering this Agreement. The Employer may provide a
representative to accompany a non-employee Union representative
where security or treatment considerations do not allow non-employee
access.
The Union shall furnish to the Employer, in writing, the names of
the Union representatives and their respective jurisdictional areas as soon
as they are designated. Any changes shall be forwarded to the Employer
by the Union as soon as changes are made
3.02 - Stewards
The Employer agrees to recognize a reasonable number of local
stewards as designated by the Union. Stewards and chapter officers as
defined above shall be allowed a reasonable amount of time away from
their regular duties to administer the Agreement at the facility where they
work only within their own Agency unless the Agencies involved agree
to representation across Agency lines. In situations where there are only
a few employees of one Agency working at the facility of another
Agency, agreement to such representation shall not be unreasonably
withheld. In situations where there are only a few employees of one
Agency ina county, the Employer agrees that the right of stewards from
one Agency to represent bargaining unit employees from other Agencies
shall not be unreasonably denied.
Before a steward takes time away from his/her job duties to
administer the Agreement, the steward must inform his/her supervisor or
designee of the approximate duration of time the steward expects to be
away from his/her job duties and, if the steward is leaving the work area,
the duration of time expected to be away from the work area.
The Employer and the Union recognize the value of having an
adequate number of stewards to provide representation. The Union
agrees to find ways to encourage more members to volunteer and train
as stewards within their respective chapter/jurisdiction.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ;
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The Employer recognizes that to ensure adequate Uni
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Aug 01 5:16 PM-22CV005232 0G023 - Pé IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO OHIO CIVIL SERVICE EMPLOYEES ) CASE NO. 22CV005232 ASSOCIATION, LOCAL 11, AFSCME ) AFL-CIO UNION JUDGE MICHAEL HOLBROOK Movant, vs. STATE OF OHIO, OFFICE OF COLLECTIVE BARGAINING Respondent. ARBITRATION RECORD This filing contains the record of the arbitration proceedings in Case No. OCS-2020-00918 between Ohio Civil Service Employees Association, Local 11, AFSCME, AFL-CIO Union and the State of Ohio, heard February 3 and 17, 2022 by Arbitrator Gregory P. Szuter who issued an award on May 16, 2022. The record includes the award, briefs, motions, and exhibits. Respectfully submitted, JOYCE GOLDSTEIN & ASSOCIATES, A LEGAL PROFESSIONAL ASSOCIATION /s/ Richard L. Stoper, Jr. Joyce Goldstein, Trial Attorney (#0029467) jgoldstein@ggcounsel.com Richard L. Stoper, Jr. (#0015208) rstoper@ggcounsel.com 3080 Laurel Road Cleveland, Ohio 44120 (216) 771-6633 (216) 771-7559 (fax) Attorneys for Movant Ohio Civil Service Employees Association, Local 11, AFSCME, AFL-CIO Union Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Aug 01 5:16 PM-22CV005232 0G023 - P7 = Se Franklin Count ty Ohio Clerk of Courts of the Sg mman Pleas- 2022 | 0G023 - P8 ion of diffe ences, and the’: 2 s, hours and erms and conditicl sioyment. ARTICLE 3 UNION RIGHTS - 3.01 - Access - It is agreed that the Agencies covered by this Agreement shall grant re. able access to stewards, professional Union repre tives and chapter officers, defined to include Pre: and Vice President, for the purpose of administeris Agreement. The Employer may provide a repres¢ tive to accompany a non-employee Union repreg tive where security or treatment considerations ¢ allow non-employee access. The Union shall fi the Employer, in writing, the names of the sentatives and their respective jurisdic) soon as they are designated. Any cha ‘ded to the Employer by are made. 3.02 - Stew: ess gong Oa a aa Between THE OHIO And CIVIL SERVICE THE STATE EMPLOYEES OF OHIO ASSOCIATION Or SENN BEAL Fe BLS) s, vil Service: loyees Association: Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Po PREAMBLE. ARTICLE 1 - RECOGNITION 1.01 - Exclusive Representation... 1.02 - Inclusion/Exclusion of Existing Classifications . 1.03 - Fiduciary Positions.. 1.04 - Inclusion/Exclusion of New Classifications. 1.05 - Bargaining Unit Work ARTICLE 2 —- NON-DISCRIMINATION 2.01 - Non-Discrimination 2.02 - Agreement Rights 2.03 - Equal Employment Opportunity/Affirmative Action ARTICLE 3 —- UNION RIGHTS 3.01 - Access. 3.02 - Stewards 3.03 - Union Activities. 3.04 - Meeting Space 3.05 - Bulletin Boards 3.06 - Mail Service and Use of State Electronic Systems 3.07 - Union Orientation. 3.08 - Information Provided to the Union. 3.09 - Printing of Agreement 3.10 - Union Leave 3.11 - Union Requests for Time Away from Jol ties for nion Work... 3.12 - Union Offices ARTICLE 4 —- CHECKOFF. 4.01 - Dues Deduction 4.02 - Fair Share Fee 10 4.03 - Maintenance of Membership 10 4.04 - Religious Accommodation Pursuant to itle 10 4.05 - Indemnification. ll ARTICLE 5 - MANAGEMENT RIGHTS 11 ARTICLE 6 —- PROBATIONARY EMPLOYEES 12 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 6.01- Probationary Periods... 12 6.02 - Conversion of Temporary, Intermittent, Interim, Welfare to Work Initiative or Seasonal Employees.. 14 ARTICLE 7 OTHER THAN PERMANENT POSITIONS 15 7.01 - Temporary Positions 15 7.02 - Interim Positions. 15 7.03 - Intermittent Positions. 15 7.04 - Seasonal Employees .. 16 7.05 - Salaries of Interim Positions and Non-Intermittent 1,000 Hour Assignments Positions 16 7.06 - Seasonal, Intermittent, Interim, Temporary Overtime. 16 7.07 - Welfare to Work Initiative Participants... 16 7.08 - Work Scheduling 16 7.09 - Project Employees 17 7.10 - Temporary Working Level Pay Supplements. 17 ARTICLE 8 - LABOR/MANAGEMENT COMMITTEES 17 8.01 - Agency Committees . 17 8.02 - Committee Purpose and Agenda, 17 8.03 - Time Off. 18 8.04 - Labor/Management Relations... 18 8.05- Joint Information Technology (IT) Committee 18 ARTICLE 9 - OHIO EMPLOYEE ASSISTANCE PROGRAM. 20 9.01 - Joint Promotion. 20 9.02 - Ohio EAP Advisory Committee . 20 9.03 - Ohio EAP Steward Training... 20 9.04 - Employee Participation in Ohio EAP 20 ARTICLE 10 —- CHILD CARE 21 10.01 - Child Care Expenses Reimbursement Program 21 10.02 - Dependent Care Spending Account Program 22 10.03 - Communication of Programs to Employees 23 ARTICLE 11 - HEALTH AND SAFETY. 23 11.01 - General Duty... 23 11.02- Personal Protective Clothing and ‘Equipment .. 23 11.03 - Unsafe Conditions.. 23 11.04 - Workplace Violence 24 ii Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 11.05 - Communicable Diseases. 24 11.06 - The Right-to-Know About Toxic Substances. 25 11.07 - First Aid and CPR (Cardiopulmonary Resuscitation). 25 11.08 - Video Display Terminals 26 11.09 - Working Alone 26 11.10 - Asbestos 26 11.11 - Concern for Pregnancy Hazards. 27 11.12 - Health and Safety Committees 27 11.13 Physical Exams. 28 11.14 - Duty to Report 28 11.15 - Vehicle Inspection 29 11.16 - Water and Restroom Facilities. 29 11.17 - Personal Property 29 11.18 - Lounge Areas. 29 11.19 - Emergency Phone Use 29 ARTICLE 12 —- STAFFING CONCERNS. 29 ARTICLE 13 - WORK WEEK, SCHEDULES AND OVERTIME 29 13.01 - Standard Work Week. 29 13.02 - Work Schedules 13.03 - Meal Periods 31 13.04 - Rest Periods 13.05 - Reassignments Within Institutions 31 13.06 - Report-In Locations 32 13.07 - Overtime 13.08 - Call-BackP: 13.09 - Report Pay 34 13.10 - Payment for Overtime 34 13.11 - Wash-Up Time 13.12 - Stand-By Pay 13.13 - Flextime/Four Day Work Week 13.14 - Shift Rotation, Swing Shifts and Split 36 13.15 - Emergency Leavi 36 13.16 - Time Clocks 38 ARTICLE 14 —- RESERVED FOR FUTURE USE 38 ARTICLE 15 - EMPLOYMENT SECURITY 38 ARTICLE 16 — SENIORITY. 40 iii Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 16.01 - Definitions 40 16.02 - Exceptions 41 16.03 - Ties 42 16.04 - Seniority Rosters. 42 16.05 - Statewide Seniority Credit Tribunal 42 ARTICLE 17 - PROMOTIONS, TRANSFERS, DEMOTIONS AND RELOCATIONS 43 17.01 - Policy 43 17.02 - Definitions 44 17.03 - Posting 45 17.04- Applications. 46 17.05- Selection .. 47 17.06- Selection Devices/Proficiency Instruments/Assessments.. 48 17.07 - Permanent Transfers . 49 17.08 - Permanent Relocation 49 17.09 - Nepotism... 50 17.10 - ODOT Temporary Work Assignment 50 ARTICLE 18 — LAYOFFS 50 18.01 - Layoffs. 30 18.02 - Guidelines. 31 18.03 - Implementation of Lay off Procedure... 51 18.04 - Bumping in the Same Office, Institution or Count 18.05 - Bumping in the Agency Geographic Jurisdiction 18.06 - Previously Held Classifications 18.07 - Bumping Outside the Unit 34 18.08 - Limits. 18.09 - Geographic Divisions 18.10 - Classification Groupings 54 18.11 - Recall... 54 18.12 - Bidding Rights for Employ. ees on Layoff. 55 18.13 - Reemployment 55 18.14 - Placement 56 18.15 - Service Credits 56 18.16 - Inter-Agency Merger 56 18.17 - Alternate Procedures. 56 18.18 - Layoff Committee. 57 18.19 - Notice to Other Agencies. 57 ARTICLE 19 - WORKING OUT OF CLAS: iv Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 19.01 - Position Descriptions 57 19.02 - Grievance Steps 57 19.03 - Holding Classes 60 19.04 - No Pre-positioning 60 ARTICLE 20 - BENEFITS 60 20.01 - Health Care, Eligibility, Open Enrollment 60 20.02 - Joint Health Care Committee (JHCC) 64 20.03- Health Plan Characteristics... 67 20.04- Health Plan Selection and Contracting . 84 20.05 - Employee Costs.. 86 20.06 - Voluntary Supplemental Benefit Plans. 88 ARTICLE 21 —- UNION BENEFITS TRUST 89 21.01 - Trust Governance . 89 21.02 - Trust Benefits for State Employees 89 21.03- Payroll Deductions 90 21.04 - Administrative Agreement Betwe eennthe Union Benefits Trust and the Employer... 90 21.05 - Payments. 90 21.06 - Non-Bargaining Unit Coverages for State Employees 90 ARTICLE 22 —- PERFORMANCE EVALUATION 91 22.01 - Use 91 22.02 - Limits. 91 22.03 - Appeals 92 ARTICLE 23 - PERSONNEL RECORDS 92 23.01 - Personnel Files. 92 23.02 - Review of Personnel Files 93 23.03 - Employee Notification. 93 ARTICLE 24 — DISCIPLINE: 93 24.01 - Standard... 93 24.02- Progressive ‘Discipline 94 24.03 - Supervisory Intimidation 94 24.04 - Investigatory Interview 95 24.05 - Pre-Discipline 95 24.06 - Imposition of Discipline 96 24.07 - Prior Disciplinary Actions 97 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 24.08 - Polygraph Stress Tests... 97 24.09 - Drug Testing. 98 24.10 — Ohio Employee ‘Assistance Program (EAP). 98 ARTICLE 25 - GRIEVANCE PROCEDURE. 98 25.01 - Process 98 25.02 - Grievance Steps 100 25.03 - Arbitration Procedures 104 25.04 - Grievance Procedure Committees 104 25.05- Arbitration/Mediation Panels 105 25.06 - Time Limits 106 25.07 - Time Off, Meeting Space ‘and Telephone Use 106 25.08 - Other Grievance Resolution Methods... 107 25.09 - Relevant Witnesses and Information 107 25.10 - Expedited Arbitration Procedure 108 25.11 - Non-Traditional Arbitration 108 25.12 - Attendance 109 25.13 - Electronic Grievance System.. 109 25.14 - Miscellaneous... 109 ARTICLE 26 — HOLIDAYS 109 26.01 - Observance 109 26.02 - Holiday Pay 110 26.03 - Work on Holidays. 110 26.04 - Eligibility for Holiday Pay Wi ARTICLE 27 PERSONAL LEAVE 111 27.01 - Eligibility for Personal Leave lll 27.02 - Personal Leave Accrual lll 27.03 - Charge of Personal Leave lll 27.04- Notification and Approval of Use of Personal Leav: lll 27.05- Prohibitions. 112 27.06 - Conversion or Carry Forward of Personal Leave Credit at Year's End.. 112 27.07 - Converersion ‘of Personal Leave Credit Upon: Separation from Service . 112 27.08- Transfer of Personal ‘Leave Credit... 112 27.09 - Leave Availability 112 ARTICLE 28 — VACATIONS 112 vi Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 28.01 - Rate of Accrual 112 28.02 - Maximum Accrual 113 28.03 - Procedure 14 28.04 - Payment upon Separation 14 28.05 - Disposition of Work During Vacation 15 28.06 - Leave Availability 15 28.07 - Annual Vacation Leave Conversion... 115 ARTICLE 29 - SICK LEAVE 115 29.01 - Definitions: Sick Leave for State Employees 115 29.02 - Sick Leave Accrual 115 29.03 Notification. 117 29.04 - Sick Leave Policy 117 29.05 - Carry-Over and Conversion. 120 29.06 - Leave Donation Program 120 29.07 - Sick Leave Pilot Program 122 29.08 - Leave Availability 122 ARTICLE 30 - OTHER LEAVES WITH PAY. 123 30.01 - Jury Duty 123 30.02 - Military Leave 123 30.03 - Bereavement Leave 123 30.04 - Voting 123 30.05 - Witness Duty 123 30.06 - Professional Meetings. 124 30.07 - Civic Duty 124 30.08 - Paid ‘Adoption/Childbirth Leave. 124 ARTICLE 31 —- LEAVES OF ABSENCE 127 31.01 - Unpaid Leaves 127 31.02 - Military Leav 128 31.03 - Application for Leave 128 31.04 Authorization for Leave 129 31.05 - Failure to Return from Leave: 129 31.06 - Application of the Family and Medical Leave Act 129 ARTICLE 32 — TRAVEL. 129 32.01 - Overnight Stays 129 32.02 - Personal Vehicle 129 32.03 Travel Reimbursement. 129 vii Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 32.04 - Travel Outside the United States 130 32.05 - Payment 130 32.06 - Duty to Report 130 32.07 - Miscellaneous 130 ARTICLE 33 — UNIFORMS AND TOOLS 131 33.01 - Uniforms 131 33.02 - Tools 131 ARTICLE 34 — SERVICE-CONNECTED INJURY AND ILLNESS 131 34.01 - Health Insurance... 131 34.02- Salary Continuation for Workers* Compensation Claims 132 34.03 - Other Leave Usage to Supplement Workers’ Compensation 133 34. 04- ~ Occupational Tajury Leave . 133 34.05 - Transitional Work Programs... 134 34.06 - Hostage Leave.. 134 34.07 - Leave to Attend Industrial Commission Hearing ... 135 34.08 - Implementation... 135 ARTICLE 35 — DISABILITY BENEFITS 135 35.01 - Disability Program. 135 35.02 - Disability Review 137 35.03 - Information Dissemination 137 35.04 - Orientation... 137 35.05 - Insurance Providers. and Third Party “Administrators 137 ARTICLE 36 —- WAGES 138 36.01 - Definitions 138 36.02 - General Wage Increase. 138 36.03 - Step Movement. 138 36.04 - Promotions 139 36.05 - Classifications and Pay Range Assignments 139 36.06 - Roll Call Pay 148 36.07 - Longevity Pay 148 36.08 - Shift Differential 149 36.09 - Electronic Funds Transfer ( 149 36.10 - Agency Specific Agreements. 149 36.11 - Payroll Errors... 149 viii Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl ARTICLE 37 - EMPLOYEE TRAINING AND DEVELOP! NT 150 37.01 - Dissolution of the Workforce Development Fund-(5D7 Fund). 150 37.02 -> Training and ‘Development. 150 37.03 - Union Education Trust. 150 37.04 - Orientation Training 151 37.05 - In-Service Training 151 37.06 - Leave for Training/Continuing Education Programs 151 37.07 - Training Records 152 37.08 - Pre-Retirement Programs. .. 152 37.09 - Accreditation, Licensure or Certification Requirements.. 152 37.10 - Computer Purchase Program 152 ARTICLE 38 —- TECHNOLOGICAL CHANGE. 153 ARTICLE 39 — SUB-CONTRACTING. 153 39.01 - Contracting Out 153 39.02 - Contracting-In. 154 39.03 - Joint Sub-Contracting Pilots 154 ARTICLE 40 —- INDEMNIFICATION 155 ARTICLE 41 NO STRIKE/NO LOCKOUT. 155 41.01 - Union Prohibition 155 41.02 - Affirmative Duty 155 41.03 - Disciplinary Actions 155 41.04 - Employer Prohibition. 156 ARTICLE 42 —- SAVINGS 156 ARTICLE 43 — DURATION 156 43.01 - Duration of Agreement 156 43.02 - Renegotiations 156 43.03 - Mid-Term Contractual Changes .. 157 43.04 - Memorandum of Understanding Duration. 157 43.05 - Contract Dispute 157 ARTICLE 44 — MISCELLANEOUS 157 44.01 - Agreement 157 ix Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl 44.02 - Operations of Rules and Law . 158 44.03 - Total Agreement... 158 44.04 - Work Rules... 158 44.05 - Technology 158 44.06 - Successor... 158 44.07 - Errata 159 44.08 - OAKS and KRONOS Issues... 159 APPENDIX A. 163 Classifications - Bargaining Unit 3 163 APPENDIX B 163 Classifications - Bargaining Unit 4. 163 APPENDIX C. 164 Classifications - Bargaining Unit 5 164 APPENDIX D. 165 Classifications - Bargaining Unit 6. 165 APPENDIX E 168 Classifications - Bargaining Unit 7. 168 APPENDIX F 172 Classifications - Bargaining Unit 9. 172 APPENDIX G.. 176 Classifications - Bargaining Unit 13 176 APPENDIX H. 179 Classifications - Bargaining Unit 14 179 APPENDIX I 186 Classification Groupings - Bargaining Unit 3 186 Classification Groupings - Bargaining Unit 4 186 Classification Groupings - Bargaining Unit 5 188 Classification Groupings - Bargaining Unit 6. 188 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - Pl Classification Groupings - Bargaining Unit 7. 192 Classification Groupings - Bargaining Unit 9. 203 Classification Groupings - Bargaining Unit 13 209 Classification Groupings - Bargaining Unit 14 212 APPENDIX J - GEOGRAPHIC JURISDICTIONS 222 ADJUTANT GENERAL 223 DEPARTMENT OF ADMINISTRATIVE SERVICES... 223 DEPARTMENT OF AGING 223 DEPARTMENT OF AGRICULTURE 223 OFFICE OF BUDGET AND MANAGEMENT 223 CIVIL RIGHTS COMMISSION 223 DEPARTMENT OF COMMERCE... 224 OFFICE OF CONSUMER’S COUNSEL... 224 OHIO DEVELOPMENT SERVICES AGENCY... 224 OHIO DEPARTMENT OF DEVELOPMENTAL DISABILITIES 224 DEPARTMENT OF. EDUCATION... 225 OHIO ENVIRONMENTAL, PROTECTION ‘AGENCY... 225 OHIO EXPOSITIONS COMMISSION 225 DEPARTMENT OF HEALTH. 226 DEPARTMENT OF HIGHER ED! 226 OHIO HOUSING FINANCE AGENCY 226 INDUSTRIAL COMMISSION OF OHIO. 226 DEPARTMENT OF INSURANCE 227 DEPARTMENT OF JOB AND FAMII 227 STATE LIBRARY.. 228 OHIO LOTTERY COMMISSION. 228 OHIO DEPARTMENT OF MEDICAID... 228 DEPARTMENT OF MENTAL HEALTH ‘AND ‘ADDICTION. SERVICES.. 228 DEPARTMENT OF. NATURAL RESOURCES... 229 OPPORTUNITIES FOR OHIOANS WITH DISABILITIES .. 230 DEPARTMENT OF PUBLIC SAFETY (EXCLUDING STATE HIGHWAY PATROL). 231 PUBLIC UTILITIES COMMISSION OF OHIO. 232 DEPARTMENT OF REHABILITATION AND CORRECT. ION 232 DEPARTMENT OF TAXATION 233 OHIO DEPARTMENT OF TRAN: SPORTATION 233 DEPARTMENT OF VETERANS SERVICES 234 BUREAU OF WORKERS’ COMPENSATION 234 DEPARTMENT OF YOUTH SERVICES 235 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 APPENDIX K —- GUIDELINES FOR OCCUPATIONAL INJURY LEAVE 236 APPENDIX L— PAY RANGES 241 APPENDIX M - DRUG-FREE WORKPLACE POLICY 246 APPENDIX N WORK AREAS FOR MENTAL HEALTH AND ADDICTION SERVICES, DEVELOPMENTAL DISABILITIES, DEPARTMENT OF YOUTH SERVICES AND DEPARTMENT OF VETERANS SERVICE! 254 APPENDIX O —- ALPHABETICAL CLASSIFICATION LIST.. 258 APPENDIX P — UNIT-SPECIFIC AGREEMENTS (DEPARTMENT OF VETERANS SERVICES AND DEPARTMENT OF DEVELOPMENTAL DISABILITIES). 281 4.1 - Overtime Roster. 282 4.2 - Maintenance of the Roste: 282 4.3 282 44 283 4.5 283 4.6 283 47 283 4.8 283 4.9 284 4.10 284 APPENDIX Q- AGENCY SPECIFIC AGREEMENTS. 284 ADJUTANT GENERAL’S DEPARTMENT. 284 DEPARTMENT OF ADMINISTRATIVE SERVICES. 289 DEPARTMENT OF AGRICULTURE.. 290 DEPARTMENT OF COMMERCE... 294 OHIO DEPARTMENT OF DEVELOPMENTAL DISABILITIES 296 DEPARTMENT OF. EDUCATION - “OHIO SCHOOL FOR THE DEAF AND OHIO STATE SCHOOL FOR THE BLIND. 297 ENVIRONMENTAL PROTECTION AGENCY 300 DEPARTMENT OF HEALTH. 301 DEPARTMENT OF JOB AND F. 301 LOTTERY COMMISSION... 309 DEPARTMENT OF MENTAL HEALTH AND ADDICTION. xii Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 SERVICES.. 311 DEPARTMENT OF. NATURAL RESOURCES... 319 OPPORTUNITIES FOR OHIOANS WITH DISABILITIES 323 OHIO DEPARTMENT OF PUBLIC SAFETY. 327 PUBLIC UTILITIES COMMISSION OF OHIO. 330 DEPARTMENT OF REHABILITATION AND CORRECT! ION334 OHIO DEPARTMENT OF TRANSPORTATION 340 DEPARTMENT OF VETERANS SERVICES 356 OHIO BUREAU OF WORKERS’ COMPENSATION 358 DEPARTMENT OF YOUTH SERVICES 361 APPENDIX R —- VOLUNTARY COST SAVINGS PROGRAM. 370 APPENDIX S - IT AGREEMENTS 372 APPENDIX T —- FURLOUGH 375 xiii Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 PREAMBLE This Agreement, is hereby entered into by and between the State of Ohio, hereinafter referred to as the Employer, and the Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the Employer and the Union: the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of wages, hours, and other terms and conditions of employment. ARTICLE 1- RECOGNITION 1.01 - Exclusive Representation The Employer recognizes the Union as the sole and exclusiv: bargaining representative in all matters establishing and pertaining to wages, hours, and other terms and conditions of employment for all permanent full and part-time employees and intermittent employees (excluding temporary, interim, and seasonal employees, except bargaining unit employees serving in an interim position) in the classifications included in certifications of the State Employment Relations Board (SERB). These classifications include those listed in Appendices A-H (bargaining units 3, 4, 5, 6, 7, 9, 13 and 14). Any classifications added to the units shall be added to the appendices as though originally included. The Employer will not negotiate with any other Union or employee organization on matters pertaining to wages, hours and other terms or conditions of employment. Nor shall the Employer permit dues deduction for another organization purporting to represent employees on these matters or negotiate with employees over wages, hours and other terms and conditions of employment. 1.02 - Inclusion/Exclusion of Existing Classifications If it is believed that the bargaining unit status of a position has changed for a reason other than fiduciary relation, the Office of Collective Bargaining or the Union, whichever is proposing the change, shall notify the other. Following such notice, a joint or single party petition may be filed with the State Employment Relations Board (SERB). No change in bargaining unit status shall be effective prior to a final determination by 1.03 - Fiduciary Positions The Employer will notify the Union when it plans to declare a bargaining unit position as fiduciary. The Union shall inform the Employer of its position in writing within forty-five (45) days of receipt Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 of such notification. In the event the Union fails to respond within forty- five (45) days, the Employer’s proposal will be deemed rejected and the matter will be scheduled for arbitration. When a dispute occurs over the designation of a position as fiduciary under the provisions of Section 124.11 of the Ohio Revised Code, the matter shall be resolved through discussion between the Deputy Director of the Office of Collective Bargaining and the President of the Union or his/her designee. If such discussion does not resolve the matter, either party may submit the issue to a mutually agreed upon arbitrator. No change in bargaining unit status shall be effective until formal written agreement is executed between OCB and the Union or a final determination is issued by the arbitrator. Once the matter has been resolved through this Section, a joint Petition for Amendment of Certification shall be filed before SERB within thirty (30) days. 1.04 - Inclusion/Exclusion of New Classifications The Employer will promptly notify the Union of its decision to establish all new classifications. If a new classification is a successor title to a classification covered by this Agreement with no substantial change in duties, the new classification shall automatically become a part of this Agreement. If a new classification contains a significant part of the work now done by any classifications in these bargaining units or shares a community of interest with classifications in one of the bargaining units, the Union may notify the Employer that it believes the classification should be in the bargaining unit within thirty (30) days of its receipt of the Employer’s notice. The parties will then meet within twenty-one (21) days of such notice to review the classification specifications. Where agreement is reached, the parties will file a joint Petition for Amendment of Certification before SERB to include the new classification. If unable to agree as to its inclusion or exclusion, the parties shall submit the question to SERB for resolution. 1.05 - Bargaining Unit Work Supervisors shall not increase, and the Employer shall make every reasonable effort to decrease the amount of bargaining unit work done by supervisors. Supervisors shall only perform bargaining unit work to the extent that they have previously performed such work. During the life of this Agreement, the amount of bargaining unit work done by supervisors shall not increase, and the Employer shall make every reasonable effort to decrease the amount of bargaining unit work done by supervisors. In addition, supervisory employees shall only do bargaining unit work under the following circumstances: iff ¢a8és'of emereetiey: when necessary to provide break and/or lunch relief; to instruct or train Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 employees: to demonstrate the proper method of accomplishing the tasks assigned; to avoid mandatory overtime; to allow the release of employees for Union or other approved activities; to provide coverage for no shows or when the classification specification provides that the supervisor does, as a part of his/her job, some of the same duties as bargaining unit employees. Except in emergency circumstances, overtime opportunities for work normally performed by bargaining unit employees shall first be offered to those unit employees who normally perform the work before it may be offered to non-bargaining unit employees. The Employer recognizes the integrity of the bargaining units and will not take action for the purpose of eroding the bargaining units. ARTICLE 2 - NON-DISCRIMINATION 2.01 - Non-Discrimination Neither the Employer nor the Union shall discriminate in a way inconsistent with the laws of the United States or the State of Ohio on the basis of race, sex, creed, color, religion, age, national origin, political affiliation, disability, sexual orientation, or veteran status. Except for tules governing nepotism, neither party shall discriminate on the basis of family relationship. The Employer shall prohibit sexual harassment and take action to eliminate sexual harassment in accordance with Section 4112 of the Ohio Revised Code, and Section 703 of Title VII of the Civil Rights Act of 1964 (as amended). The Employer may also undertake reasonable accommodation to fulfill or ensure compliance with the Americans with Disabilities Act of 1990 (ADA) and corresponding provisions of Chapter 4112 of the Ohio Revised Code. Prior to establishing reasonable accommodation which adversely affects rights established under this Agreement, the Employer will discuss the matter with a Union representative designated by the President. The Employer shall not solicit bargaining unit employees to make political contributions or to support any political candidate, party or issue. 2.02 - Agreement Rights No employee shall be discriminated against, intimidated, restrained, harassed or coerced in the exercise of rights granted by this Agreement, nor shall reassignments be made for these purposes. 2.03 - Equal Employment Opportunity/Affirmative Action The Employer and the Union agree to work jointly to implement positive and aggressive equal employment opportunity/affirmative action programs to prevent discrimination and to ensure equal Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 employment opportunity in the application of this Agreement. The Agencies covered by this Agreement will provide the Union with copies of equal employment opportunity/affirmative action plans and programs upon request. Progress toward equal employment opportunity/affirmative action goals shall also be an appropriate subject for Labor/Management Committees. ARTICLE 3— UNION RIGHTS 3.01 - Access It is agreed that the Agencies covered by this Agreement shall grant reasonable access to stewards, professional Union representatives and chapter officers, defined to include President and Vice President, for the purpose of administering this Agreement. The Employer may provide a representative to accompany a non-employee Union representative where security or treatment considerations do not allow non-employee access. The Union shall furnish to the Employer, in writing, the names of the Union representatives and their respective jurisdictional areas as soon as they are designated. Any changes shall be forwarded to the Employer by the Union as soon as changes are made 3.02 - Stewards The Employer agrees to recognize a reasonable number of local stewards as designated by the Union. Stewards and chapter officers as defined above shall be allowed a reasonable amount of time away from their regular duties to administer the Agreement at the facility where they work only within their own Agency unless the Agencies involved agree to representation across Agency lines. In situations where there are only a few employees of one Agency working at the facility of another Agency, agreement to such representation shall not be unreasonably withheld. In situations where there are only a few employees of one Agency ina county, the Employer agrees that the right of stewards from one Agency to represent bargaining unit employees from other Agencies shall not be unreasonably denied. Before a steward takes time away from his/her job duties to administer the Agreement, the steward must inform his/her supervisor or designee of the approximate duration of time the steward expects to be away from his/her job duties and, if the steward is leaving the work area, the duration of time expected to be away from the work area. The Employer and the Union recognize the value of having an adequate number of stewards to provide representation. The Union agrees to find ways to encourage more members to volunteer and train as stewards within their respective chapter/jurisdiction. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 ; 06023 - P2 The Employer recognizes that to ensure adequate Uni