Preview
061 ARTICHESEPURPESE
NK B HOLE TANS OF the Co
AGREEMENT... wee
1.01 Mid-Term Contractual Changes
1.02 Memorandum of Understanding Duration
1.03 Total Agreement.
ARTICLE 2 - UNION RECOGNITIO!
ARTICLE 3 - UNION RIGHTS
3.01 Delegates and Organizers... 3
3.02 Union Requests for Time Away from Job Duties
for Union Work
3.03 Other Union Deductions
3.04 Credit Union Deductions.
3.05 Bulletin Boards.
3.06 Meeting Room Space
3.07 Union Orientation
3.08 Mail Service and Use of State Electronic Systems
ARTICLE 4 - UNION SECURITY.
4.01 Dues Deduction
4.02 Reserved for Future Use. 10
ARTICLE 5 - MANAGEMENT RIGHTS 10
ARTICLE6 - NON-DISCRIMINATION. 11
6.01 Non-Discrimination.. i
6.02 Agreement Rights... i
ARTICLE 7 - GRIEVANCE PROCEDURE. 11
7.01 Purpose i
7.02 Definitions. 12
EXHIBIT
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0614.27.05 SpeftRrblin: Gannty Ohio Clerk of Courts,gf the Co
7.04 Grievance 13
7.05 Termination of the Issue... 13
7.06 Grievance Steps 13
7.07 Arbitration Procedures 18
7.08 Non-Traditional Arbitration 21
7.09 Representation... 22
10 Miscellaneous....... 23
7.11 Electronic Grievance System. 24
ARTICLE 8 - DISCIPLINE........ 24
8.01 Standard 24
8.02 Progressive Discipline. 24
8.03 Pre-Discipline. 25
8.04 Investigations 26
ARTICLE 9 - PROBATIONARY PERIODS. 27
9.01 Initial Probationary Period...... 27
9.02 Promotion, Demotion, and Lateral Transfer. 27
9.03 Extension of Trial or Probationary Period.. 29
ARTICLE 10 - VACATION ALLOWANCE 30
10.01 Rate of Accrual. 30
10,02 Maximum Accrual...... 31
10.03 Scheduling. 31
10.04 Charge of Vacation Leave 32
10.05 Conversion of Vacation Leave Credit upon
Separation from Service 32
10.06 Transfer of Vacation Leave 32
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10.08 Leave Availability... 32
ARTICLE 11 - HOLIDAYS
11.01 List of Days 33
11,02 Holiday Pay 33
11.03 Computation of Holiday Pay or Compensatory
Time
11.04 Part-time Employees 35
11.05 Religious Holiday Exchange .... 35
ARTICLE 12 - PERSONAL LEAVE
12.01 Eligibility for Personal Leave.. 35
12.02 Personal Leave Accrual. 35
12.03 Charge of Personal Leave. 35
12.04 Notification and Approval of Use of Personal
Leave 36
12.05 Prohibitions 36
12.06 Conversion or Carry Forward of Personal Leave
Credit at Year’s End 36
12.07 Conversion of Personal Leave Credit Upon
Separation From Service. 36
12.08 Transfer of Personal Leave Credit...... 36
12.09 Death of an Employee. 37
12.10 Leave Availability...... 37
ARTICLE 13 - SICK LEAVE.
13.01 Definitions. 37
13.02 Leave Accrual. 37
13.03 Charge of Sick Leav 38
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061.42 12 0-gaA BORK UH PLUP ER eR ourts.gt the Co
13.05 Notification for Use of Sick Leave and
Notification for Extended Sick Leav 39
13.06 Sick Leave Uses, Evidence of Use, and Abuse40
13.07 Inadequate Sick Leave 41
13.08 Conversion or Carry Forward of Sick Leave
Credit at Year’s End or upon Separation from State
Service 41
13,09 Transfer of Sick Leave Credit. 42
13.10 Leave Donation Program. 42
ARTICLE 14 - BEREAVEMENT... 45
ARTICLE 15 - DISABILITY LEAVE... 45
15.01 Disability Program 45
15.02 Other Leave Usage to Supplement Disability ..48
15.03 Disability Review 48
15.04 Insurance Providers and Third-Party
Administrators. 49
ARTICLE 16 - SERVICE CONNECTED INJURY
AND ILLNESS... 49
16.01 Salary Continuation for Workers”
Compensation Claims. 49
16.02 Other Leave Usage to Supplement Workers’
Compensation .... 51
16.03 Occupational Injury Leave (OIL)... 51
16.04 Transitional Work Programs 52
16.05 Implementation............0.ccceeseeeeeeeeeereeteeeeeeDS
ARTICLE 17 - GROUP HEALTH INSURANCE
ARTICLE 18 - LIFE INSURANCE ....
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061421801 Fpanitin County Ohio Clerk of Courts.of the Co
18.02 Conversion ..........cccccceecececiesseeeesieeseeeesee
56
18.03 Disability Coverage . sesseeteseeeesee sO
18.04 Double Indemnity ..... 56
18.05 Optional Life Insurance............0..0.ceceeeeeeee 56
18.06 Benefits Trust ........0.ccceseecesseeeseeseteeseeees 56
18.07 Voluntary Supplemental Benefit Plans 57
ARTICLE 19 - INDEMNIFICATION.... 57
ARTICLE 20 - OHIO EMPLOYEE ASSISTANCE
PROGRAM (Ohio EAP).
20.01 Implementation... 57
20.02 Training of Delegates.............-:00cccccesseeeees 58
20.03 Awareness of Service seseeeseseeeneseeen 58
20.04 Confidentiality of Records 58
ARTICLE 21 - TRAVEL..... 58
21.01 Time 58
21.02 Personal Vehicle ............scesecscseeseeseeeesseeees 59
21.03 Duty to Report 60
21.04 Expense Allowances..... 60
21.05 Travel Reimbursement 61
21.06 Transport of Felons 62
21.07 Parking 62
21.08 Transportation Reimbursement. 62
21.09 State Vehicles... cece teseeseeseesees 63
ARTICLE 22 - MOVING EXPENSES... 64
ARTICLE 23 - CONTINUING EDUCATION. 64
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23.02 Tuition Reimbursement, Seminars and
Conferences Fund. 64
23.03 Educational Stipends. 66
23.04 Time Off for Classes 67
23.05 Continuing Education Units (CEU) 67
23.06 Administrative Leav 68
ARTICLE 24 - HOURS OF WORK AND
OVERTIME. 68
24.01 Work Week 68
24.02 Rate of Overtime Pay..... 68
24.03 Overtime Assignment . 69
24.04 Overtime and Compensatory Time 70
24.05 Jury Duty 71
24.06 Court Appearance ....... 71
24.07 Meal Periods. 72
24.08 Breaks 73
24.09 Required Meeting Attendance 73
24.10 Non-Traditional Work Schedules 73
24.11 Place of Work..... 75
24.12 Posting of Work Schedules 75
24.13 Weekends 76
24.14 Shifts 76
24.15 Job Sharing....... 76
24.16 Shift and Assignment Openings... 77
24.17 Pulling or Movement of Personnel 77
24.18 Canvass 77
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061 ARTI EK P WORKING NIHE AF the Co
EMPORN
ARTICLE 26 - LEAVES OF ABSENCE.... 2078
Unpaid Leaves. 78
26.01 Personal and Educational Leave 78
26.02 Union Leav 79
26.03 Workers’ Compensation Leave 79
26.04 Requesting Leave of Absence Without Pay 79
26.05 Return to Service 79
26.06 Seniority While On Leave 80
26.07 Benefits While On Leave 80
26.08 Return from Extended Medical Leave 81
26.09 Military Leave of Absence 81
26.10 Application of the Family Medical Leave Act.81
Paid Leaves 81
26.11 Adoption/Childbirth Leav: 81
26.12 Leave to Attend Industrial Commission
Hearing 82
ARTICLE 27 EMPLOYEE STATUS 82
27.01 Full-Time 82
27.02 Part-Time 82
27.03 Intermittent. 82
27.04 Interim. 83.
27.05 Temporary 84
27.06 Established Term Appointment 84
27.07 Classified and Unclassified 87
27.08 Special Project. 87
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061 ARTIC EAE ER ORUTY. O| Clerk of Courts.af the Co
28.01 Seniority Definition 88
28.02 Identical Hire Dates . 90
28.03 Seniority Lists. 91
28.04 Conversion 91
ARTICLE 29 - LAYOFF AND RECALL... 92
29.01 Notice. 92
29.02 Layoff Procedures.. 92
29.03 Recall 94
29.04 Appeals 95
29.05 No Reduction of Hours... 95
29.06 Placement... 95
29.07 Alternate Procedures..... 96
ARTICLE 30 - VACANCIES...... 96
30.01 Job Vacancies 96
30.02 Awarding the Job (Transfers and Promotions
and Demotions) 97
ARTICLE 31 - PROFESSIONAL COMMITTEES 101
31.01 State Professional Committee... 101
31.02 Agency Professional Committees... 101
31.03 Facility Professional Committees 102
31.04 Health and Safety Committees 102
31.05 Procedures... 104
31.06 Other Committees... 104
ARTICLE 32 - HEALTH AND SAFETY
PROCEDURES. 105
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32.02 Blood Donations 106
32.03 Metal Detectors. 106
32.04 Tools and Accessories... 107
32.05 Home Visits. 107
32.06 State Vehicles 107
32.07 Notification of Medical Conditions of
Clients. 107
32.08 Medical Testing by Non-Medical Personnel . 107
32.09 Rest Rooms 108
32.10 Strip Search 108
32.11 Working Alone 108
32.12 Ohio MHAS Medical Isolation. 109
32.13 Video Display Terminals. 109
32.14 DYS Client Transport 110
32.15 Hostage Leave 110
32.16 Right-to-Know About Toxic Chemicals. lll
32.17 Institutional Office Visibility... V1
ARTICLE 33 - SERVICE DELIVERY. 111
ARTICLE 34 - CAREER...... 111
ARTICLE 35 - EMERGENCIES... 111
35.01 Emergency Leave V1
35.02 List of Essential Employees . 14
ARTICLE 36 - PERSONNEL FILES... 114
36.01 Access 14
36.02 Review of Documents 115
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061423603, AUT ANY, . sissienesnissetinsterenteees
36.04 Department of Administrative Services 116
ARTICLE 37 - UNIFORMS 116
ARTICLE 38 - WORKING OUT OF CLASS. 116
ARTICLE 39 - CLASSIFICATION CHANGES 119
39.01 Employer Changes 119
39.02 Union Review 120
39.03 Holding Classifications.. 122
ARTICLE 40 - VOLUNTARY COST SAVINGS
PROGRAM 122
ARTICLE 41 SUB-CONTRACTING 125
41.01 Contracting Out 125
41.02 Facility Closings/Service Elimination. 125
41.03 Supervisors/Managerial Employees. 126
41.04 Volunteers. 126
41.05 Contracting-In. 126
41.06. 127
ARTICLE 42 GENERAL PROVISIONS. 128
42.01 Orientation and Training 128
42.02 Polygraph Tests 128
42.03 Compensation for Damaged Personal
Property 128
42.04 Nursing Duties. 129
42.05 Technology. 129
ARTICLE 43 - WAGE! 129
43.01 Definitions of Rates of Pay 129
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43.03 Initial Hires. 137
43.04 Promotions 137
43.05 Stand-by Pay. 137
43.06 Call Back Pay 137
43,07 Report Pay 138
43.08 Shift Differential. 138
43.09 Bilingual Pay Differential ...... 139
43.10 Risk Supplement. 139
43.11 Recruitment/Retention 140
43.12 Professional Achievement Incentive Levels
(PAIL) 141
43.13 Longevity Pay Supplement. 142
43.14 Child Care Expense Reimbursement
Program 142
43.15 Communication of Programs to Employees .. 144
43.16 Pay Shortages 145
43.17 Electronic Funds Transfer 145
43.18 Performance Evaluation 145
43.19 Reserved for Future Use. 147
43.20 Alternative Compensation Pilot.. 147
ARTICLE 44 - PHYSICIANS’ PAY SCHEDULES 148
44.01 Salary Level. 148
44.02 Physicians’ Pay Tables 149
44.03 On Duty 151
44.04 On-Call. 152
44.05 Recruitment/Retention 153
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45.01 Union Prohibition 153
45.02 Affirmative Duty 153
45.03 Disciplinary Actions ..... 154
45.04 Employer Prohibition. 154
ARTICLE 46 - SAVINGS CLAUSE.... 154
ARTICLE 47 - TERMINATION OF
AGREEMENT 154
47.01 Duration 154
ARTICLE 48 - COPIES OF THE AGREEMENT.. 154
ARTICLE 49 - DRUG TESTING..... 154
APPENDIX A - BARGAINING UNIT
CLASSIFICATIONS 156
APPENDIX B - LAYOFF JURISDICTIONS. 165
APPENDIX C - OCCUPATIONAL INJURY LEAVE
GUIDELINES... 170
APPENDIX D - DRUG-FREE WORKPLACE
POLICY....... 177
APPENDIX E - ALTERNATIVE WORK
LOCATIONS.. 188
APPENDIX F - FURLOUGH. 190
AGENCY AGREEMENTS AND MEMORA| OF
UNDERSTANDING... 194
DEPARTMENT OF HEALTH 194
DEPARTMENT OF JOB AND FAMILY
SERVICES 202
DEPARTMENT OF MENTAL HEALTH AND
ADDICTION SERVICES 207
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DISABILITIES 229
ADULT PAROLE AUTHORITY. 231
DEPARTMENT OF REHABILITATION AND
CORRECTION 236
DEPARTMENT OF VETERANS SERVICES ......244
BUREAU OF WORKERS’ COMPENSATION.....244
DEPARTMENT OF YOUTH SERVICES 245
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Franklin, Cave RNG: Clerk of Courts of the Co
06142 - N47 A
ETWEEN THE STATE OF OHIO AND
SERVICE EMPLOYEES INTERNATIONAL
UNION, DISTRICT 1199,
THE HEALTH CARE AND SOCIAL SERVICE
UNION,
CHANGE TO WIN, CLC
This Agreement is hereby entered into by and between
the State of Ohio, Office of Collective Bargaining,
(hereinafter referred to as the “Employer’), and Service
Employees International Union, District 1199, The Health
Care and Social Service Union, Change to Win, CLC,
(hereinafter referred to as the “Union’).
ARTICLE 1 - PURPOSE AND INTENT OF THE
AGREEMENT
It is the purpose of this Agreement to provide for the
wages, hours and terms and conditions of employment of
the employees covered by this Agreement; and to provide
an orderly, prompt, peaceful and equitable procedure for
the resolution of differences between employees and the
Employer. Upon ratification, the provisions of this
Agreement shall automatically modify or supersede: (1)
conflicting rules, regulations and interpretive letters of the
Department of Administrative Services pertaining to
wages, hours and conditions of employment; and (2)
conflicting rules, regulations, practices, policies and
agreements of or within departments/Agencies pertaining
to terms and conditions of employment; and (3) conflicting
sections of the Ohio Revised Code except those
incorporated in Chapter 4117 or referred to therein.
This Agreement may be amended only by written
agreement between the Employer and the Union. No verbal
statement shall supersede any provisions of this
Agreement.
Fringe benefits granted by the Ohio Revised Code
which are not specifically provided for or abridged by this
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061 Aarcemagiy tle RERHAY BPR Sigel Reretsae! the Co
1.01 Mid-Term Contractual Changes
The Employer and the Union have the power and
authority to enter into amendments of this Agreement
during its term constituting an addition, deletion,
substitution or modification of this Agreement. Any
amendment providing for an addition, deletion,
substitution or modification of this Agreement must be in
writing and executed by the President of the Union or
designee and the Director of the Department of
Administrative Services or designee. Upon its execution,
such amendment shall supersede any existing provision of
this Agreement in accordance with its terms and shall
continue in full force and effect for the duration of this
Agreement. All other provisions of this Agreement not
affected by the amendment shall continue in full force and
effect for the term of this Agreement.
1.02 Memorandum of Understanding Duration
All Memoranda of Understanding, amendments,
Letters of Intent, or any other mutually agreed to
provisions, shall be reviewed by the Union 1199, the Office
of Collective Bargaining, and Agency representatives for
determination of their force and effect. Unless otherwise
mutually agreed by the parties, those Memoranda of
Understanding, amendments, Letters of Intent, or any other
mutually agreed to provisions, shall expire and have no
further force and effect upon the expiration of this
Agreement, except those which have or do confer an
economic benefit.
1.03 Total Agreement
This Agreement represents the entire agreement
between the Employer and the Union and unless
specifically and expressly set forth in the express written
provisions of this Agreement, all rules, regulations,
practices and benefits previously and presently in effect,
may be modified or discontinued at the sole discretion of
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061 Ale Emplgyed FS ERM UFR Rae BA the Co
any existing or future ORC statutes or rules of the OAC
and applicable Federal law. This Agreement may be
amended only by written agreement between the Employer
and the Union.
ARTICLE 2 - UNION RECOGNITION
The Employer hereby recognizes, Service Employees
International Union, District 1199, The Health Care and
Social Service Union, Change to Win CLC, as the sole and
exclusive bargaining agent for the purpose of collective
bargaining on all matters pertaining to wages, hours, terms
and other conditions of employment for employees in the
bargaining units. The bargaining units for which this
recognition is accorded are defined in the Certification
issued by the State Employment Relations Board on
October 10, 1985 (Case No. 85-RC-04-3295) and
November 22, 1985 (Case No. 85-RC-04-3713).
This Agreement includes all employees employed in
the classifications and positions listed in Appendix A of
this Agreement. The Employer shall notify the Union of
any changes in the classification plan sixty (60) days prior
to the effective date of the change or as soon as the changes
become known to the Employer, whichever occurs first.
In the event of a dispute between the parties as to
future inclusions or exclusions from the units resulting
from the establishment of new or changed classifications
or titles, either party to this Agreement may apply to the
State Employment Relations Board for resolution of the
dispute
The Employer recognizes the integrity of the
bargaining units and will not take action for the sole
purpose of eroding the bargaining units.
ARTICLE 3 - UNION RIGHTS
3.01 Delegates and Organizers
The right of the Union to appoint a reasonable number
of delegates is recognized. The delegates appointed shall
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are Union stewards as that term is generally used.
In addition to their regular work duties, the duties of
the delegates during work time shall be limited to the
investigation and presentation of bargaining unit
employees’ grievances and representing said employees in
meetings with the Agency.
Delegates/organizers may receive and discuss
complaints and grievances of employees on the premises
and time of the Agency provided it does not interfere with
the necessary operation of the facility. Delegates may use
a reasonable amount of time to perform delegate duties.
Delegates shall notify their supervisors when working on
authorized Union business. Before a delegate takes time
away from his/her job duties to administer the Agreement,
the delegate must inform his/her supervisor or designee of
the approximate duration of time the delegate expects to be
away from his/her job duties and, if the delegate is leaving
the work area, the duration of time expected to be away
from the work area. The notification shall be given as far
in advance as is practical, according to the circumstances.
Any disputes between the Agency and the Union as to
whether any organizer or delegate is spending an
unreasonable amount of time in any work site conducting
authorized Union business shall be resolved by the Union
and the Agency appointing authority or designee. If the
question cannot be resolved at this level, it shall be
submitted to the Deputy Director of the Office of
Collective Bargaining for resolution.
Employees having a legitimate need for the services of
their delegates/organizers shall notify their supervisor.
Delegates/organizers will, upon entering any work area
other than their own and prior to engaging in any
representative duties, report to the supervisor involved.
The Union will provide written notification to the
Agency of the appointment of all delegates/organizers. No
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061 appointment
HANOI EQUA PHAR RH RTeHISR BF the Co
received by the Agency.
The Employer and the Union recognize the value of
having an adequate number of delegates to provide
representation within their appropriate jurisdiction. The
Union further agrees to provide leadership development to
its members for the purposes set forth in this Article with
the goal of increasing Union participation and
member/delegate representation.
When it is necessary for delegates to conduct
authorized Union business ina work site or shift other than
their own, they shall notify the designated Agency
representative of that work site or shift of their presence
and the nature of their business.
Delegates/organizers of the Union shall be allowed
reasonable contact with employees of the bargaining unit
during normal working hours. The organizer shall notify
the designated Agency representative before conducting
Union business on the Agency’s premises and shall adhere
to the Agency’s reasonable policy regarding access.
Each year of the contract, Union delegates will be
allowed a maximum of eight (8) hours of time off with pay
at his/her straight time rate to participate in contract
administration training conducted by the Union. The time
for the delegate training will be at a time mutually
agreeable to the Union and the Agency. The Union’s vice-
president shall be given ten (10) days administrative leave
with pay to attend to his/her duties as an officer.
Employees elected to the Executive Board of the
Union may be allowed time off without pay or may use
their personal leave or vacation to attend necessary
meetings. Such requests shall not be unreasonably denied.
The Union shall designate no more than twenty (20)
bargaining unit members to serve on the negotiating team.
Members of the Union negotiating team shall be paid by
the Employer for the time spent in negotiations with the
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such negotiations, provided that no Union negotiating team
member shall receive more than eight (8) hours pay for any
single day. At the request of the Union, Union negotiating
team members will also be paid for up to three (3) days of
negotiations preparations.
It is understood that the Union is in exclusive control
of the composition of its committee and may select those
State employees, up to twenty (20) who will participate in
negotiations. The Union may, ona limited basis, replace or
substitute individual committee members as it perceives
the need.
3.02 Union Requests for Time Away from Job Duties
for Union Work
All requests for any form of time away from job duties
pursuant to this Article must be made by completing a form
or log provided by the Employer. No employee will be
permitted time away from job duties pursuant to this
Article, without completing the form or log prior to the
utilization of such time, and securing of permission to
utilize such time from the employee’s supervisor or
designee. The employee shall enter on the form the time
the employee begins performing union work and the time
the employee returns to the employee’s job duties.
Employees who do not return to their worksite prior to the
end of the employees’ workday shall complete the form at
the beginning of the employees’ next workday. Employees
who normally work out of the office, will work out an
acceptable alternative procedure with their supervisor.
3.03 Other Union Deductions
The Employer, for the term of this Agreement, shall
withhold other Union deductions from the pay received
monthly, quarterly, or annually from those employees who
have voluntarily and individually authorized such
deduction by executing and submitting a written
authorization form (payroll deduction form) in a timely
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Union regularly
3.04 Credit Union Deductions
The Employer agrees to honor Credit Union deduction
requests for members who have properly signed and
executed the payroll deduction form. Such deduction shall
remain in effect until the Employer is properly notified in
writing by the employee of any change.
3.05 Bulletin Boards
The Agency shall provide a suitable space for the use
of the Union at each facility for the purpose of posting
bulletins, notices and other materials affecting the
employees in the bargaining units except for those
situations where the Agency does not lease or own office
space. In institutional agencies, bulletin boards shall be
glass enclosed and lockable. The appropriate Union
representative shall have the key. The posting of any Union
materials shall be restricted to such bulletin board space.
Any material posted will be signed and dated by the
appropriate Union representative priorto such posting. The
Union agrees not to post any material which is profane,
obscene or defamatory to the Employer, its representatives,
or any individual, or which constitutes campaign material
between competing employee organizations, or partisan
campaign literature. The Union representative shall
remove any materials in violation of this Section.
The unresolved posting of any material at a facility
may be referred to the Union and the Office of Collective
Bargaining for resolution.
3.06 Meeting Room Space
Space for meetings or conferences with employees
may be provided upon request, when available. The
Employer agrees to provide office space in institutions
where space is currently provided to other labor
organizations to be used for conducting Union business.
97 Unig! gaaklingeuny Ohio Clerk of Courts of the Co
0614:
Where the Employer has a structured employee
orientation program, the Union shall be permitted to make
a presentation not to exceed thirty (30) minutes in duration
regarding the Union. The Employer shall notify the Union
of newly hired employees at reasonable intervals, but no
later than before a scheduled orientation.
3.08 Mail Service and Use of State Electronic Systems
The Union shall be permitted to use the State inter and
intra-office paper mail system. This usage shall be limited
to matters that involve the Union and the Employer. It is
not to be used for the purpose of mass mailings to
membership and/or bargaining unit employees. The
Employer agrees not to open employee Union mail when
clearly marked as such. Where security is of concern, the
mail shall be opened in the presence of the addressee.
When feasible, and where equipment is currently available,
Union delegates may utilize electronic mail and/or
facsimile equipment solely for contract enforcement and
interpretation and grievance processing matters. Such
transmissions will be primarily to expedite communication
regarding such matters, will be reasonable with respect to
time and volume, and limited to communications with the
grievant, if any, appropriate supervisors and employee's
staff representatives. Long distance charges which may be
incurred must be approved prior to transmission. There
shall be no expectation of privacy when using State
equipment or electronic systems.
ARTICLE 4 - UNION SECURITY
4.01 Dues Deduction
The Employer shall deduct monthly membership dues
and, if appropriate, initiation fees payable to the Union,
upon receipt of a voluntary written individual authorization
from any bargaining unit employee on a form developed
and maintained by the Union. The form shall comply with
all applicable federal and state laws and regulations. The
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identifying information in order to allow the Employer to
identify the employee named on the form in order to permit
proper processing. If such information is not provided,
then the Employer is not obligated to deduct membership
dues. In such instances the Employer shall provide timely
notification to the Union of the concern that is preventing
the processing of the card. All funds so deducted shall be
remitted to the Union regularly. Employee membership in
the Union is voluntary and is not a condition of
employment.
When an employee transfers from one appointing
authority to another within the bargaining unit, the dues
deduction card, if one has been submitted, will be
transferred to the new appointing authority.
In the event there are changes in the law that permit
the collection of fair share fees from non-members of the
Union through payroll deductions, the Union and the
Employer shall enter into good faith negotiations to address
fair share fees.
The Employer will terminate dues deductions for the
following reasons:
A. Bargaining unit employee signs cancellation
notification on the form provided by the Union.
Upon receiving a cancellation notification, the
Union shall provide timely notice of the
cancellation to the Employer;
Bargaining unit employee resigns, is discharged,
or severs employment with the Employer for any
other reason;
C Bargaining unit employee is laid off.
The Union agrees to indemnify and hold the Employer
harmless against any and all claims, suits, orders or
judgments brought or issued against the Employer as a
result of any action taken or not taken as a result of a
request of the Union under the provisions of this Article
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Union shall indemnify and hold harmless the Employer
from and against any liability incurred to any third parties
with proper standing, that arise from the dues deductions
form. The Union shall indemnify the Employer from and
against any and all claims, suits, orders, or judgments
brought against the Employer that arise from the dues
deductions form.
4.02 Reserved for Future Use
ARTICLE 5 - MANAGEMENT RIGHTS
The Union agrees that all of the function, rights,
powers, responsibilities and authority of the Employer, in
regard to the operation of its work and business and the
direction of its workforce which the Employer has not
specifically abridged, deleted, granted or modified by the
express and specific written provision of the Agreement
are, and shall remain, exclusively those of the Employer.
Accordingly, the Employer retains the rights to: 1) hire
and transfer employees, suspend, discharge and discipline
employees for just cause; 2) determine the number of
persons required to be employed or laid off; 3) determine
the qualifications of employees covered by this
Agreement; 4) determine the starting and quitting time and
the number of hours to be worked by its employees; 5)
make any and all rules and regulations; 6) determine the
work assignments of its employees; 7) determine the basis
for selection, retention and promotion of employees to or
for positions not within the bargaining unit established by
this Agreement; 8) determine the type of equipment used
and the sequences of work processes; 9) determine the
making of technological alterations by revising the process
or equipment, or both; 10) determine work standards and
the quality and quantity of work to be produced; 11) select
and locate buildings and other facilities, 12) transfer or
sub-contract work; 13) establish, expand, transfer and/or
consolidate, work processes and facilities; 14) consolidate,
10
Grates. quseRee FRAY
BPG Sr aECauTtRet the Co
property, processes or work with or to any other
municipality or entity or effect or change in any respect the
legal status, management or responsibility of such
property, facilities, processes or work: 15) terminate or
eliminate all or any part of its work or facilities.
ARTICLE 6 - NON-DISCRIMINATION
6.01 Non-Discrimination
Neither the Employer nor the Union shall unlawfully
discriminate against any employee of the bargaining units
on the basis of race, sex, creed, color, religion, age, national
origin, political affiliation, Union affiliation and activity,
handicap or sexual orientation, or discriminate in the
application or interpretation of the provisions of this
Agreement, except those positions which are necessarily
exempted by bona fide occupational qualifications due to
the uniqueness of the job, and in compliance with the
existing laws of the United States or the State of Ohio. In
addition, the Employer shall comply with all the
requirements of the Federal Americans with Disabilities
Act and the regulations promulgated under that Act.
The Employer and Union hereby state a mutual
commitment to equal employment opportunity, in regards
to job opportunities within the Agencies covered by this
Agreement.
6.02 Agreement Rights
No employee shall be discriminated against,
intimidated, restrained, harassed, or coerced in the exercise
of rights granted by this Agreement.
ARTICLE 7 - GRIEVANCE PROCEDURE
7.01 Purpose
A. The Employer and the Union recognize that in the
interest of harmonious relations, a procedure is
necessary whereby employees can be assured of
prompt, impartial and fair processing of their
grievances. Such procedure shall be available to all
ll
06142 barggisige
UME GRWY MOIR RBH. TAH Haig the Co
ll be taken against any employee initiating or
participating in the grievance procedure. The State
Personnel Board of Review shall have no jurisdiction
to receive and determine any appeals relating to
matters that are the subject of this grievance
procedure.
The parties are committed to utilizing all available
technologies to ensure prompt and efficient processing
of grievances. The parties will continue discussion to
examine, improve, and implement electronic
signatures for purposes of resolving and closing
grievances
7.02 Definitions
A Grievance as used in this Agreement refers to an
alleged violation, misinterpretation, or misapplication
of specific Article(s) or Section(s) of the Agreement.
Disciplinary grievance refers to a grievance involving
a suspension, a fine, a discharge, or a reduction in pay
or position. Probationary employees shall not have
access to the disciplinary grievance procedure.
Day as used in this Article means a calendar day, and
times shall be computed by excluding the first and
including the last day For the initial filing of a
grievance, when the last day falls on a Saturday.
Sunday, or a legal holiday, the initial filing may be
done on the next succeeding day which is not a
Saturday, Sunday, or holiday.
D. Step 2 refers to the Agency step.
7.03 Specific Provision
The grievant shall cite on the grievance form the
specific Article, Section, or combination thereof that
he/she alleges to have been violated and the specific
resolution requested. The grievance may be amended at the
Step 2 meeting. The receipt of a grievance in the electronic
grievance system or the automatic numbering of a
12
oe atevancy fale. GRHRIY Shia, Clerk of Gourts-af the Co
procedural defect.
7.04 Grievance
A grievance under this procedure may be brought by
any bargaining unit member who believes himself/herself
to be aggrieved by a specific violation of this Agreement.
When a group of bargaining unit employees desires to file
a grievance involving an alleged violation that affects more
than one (1) employee in the same way, the grievance may
be filed by the Union. A grievance so initiated shall be
called a Class Grievance. Class Grievances shall be filed
by the Union within twenty (20) days of the date on which
the grievant(s) knew or reasonably could have known of
the event giving rise to the Class Grievance. The Union
shall identify the class involved, including the names if
necessary, if requested by the Agency head or designee.
Union representatives, officers or bargaining unit
members shall not attempt to process as grievances matters
which do not constitute an alleged violation of this
Agreement. Reprimands may be grieved. The decision
shall not be advanced past Step 2.
7.05 Termination of the Issue
When a decision has been accepted by the Employer
and the Union at any step of this grievance procedure, or
the Employer has granted the grievance, it shall be final
and no further use of this grievance procedure in regard to
that issue shall take place.
Settlement agreements that require payment or other
compensation shall be initiated for payment within two (2)
payroll periods following the date the settlement agreement
is fully executed. If payment is not received within three
(3) pay periods, interest at the rate of one percent (1%) shall
accrue commencing the first day after the payment was
due, and on the same date of subsequent months.
7.06 Grievance Steps
The parties intend that every effort shall be made to
13
01 abnre-alhy fan ims GHNIY, Chie, Clerk. of Cayrts of the Co
names of witnesses to facilitate the resolution of grievances
at the lowest possible level to the extent that the Health
Insurance Portability and Accountability Act (“HIPAA”)
allows. By mutual agreement, the Union and the Agency
may waive Step 2 of this procedure.
The following are the implementation steps and
procedures for handling a member’s grievance:
A member having a complaint is encouraged to first
attempt to resolve it informally with his/her immediate
supervisor at the time the incident giving rise to the
complaint occurs or as soon thereafter as is convenient.
At this meeting there may be a delegate present. Any
time away from job duties under this section shall be
indicated on the Agency’s form or log if required under
Section 3.02 of this Agreement.
If the member is not satisfied with the result of the
informal meeting, if any, the member may pursue the
formal steps which follow:
Step 2 (Agency step)
All complaints not resolved at the supervisory level
shall be filed in the electronic grievance system as a formal
grievance within twenty (20) days of the date on which the
grievant knew or reasonably should have had knowledge
of the event. Grievances submitted beyond the twenty (20)
day limit will not be honored. The parties shall reference
the date the grievance was submitted in the electronic
grievance system to confirm timeliness. Prior to the
grievance meeting with the Agency designee and at the
request of either party, attempts may be made to resolve the
grievance.
The Agency head or designee shall hold a meeting and
issue a response within fifty (50) days after the receipt of
the grievance. Management must enter the meeting date in
the electronic grievance system.
If the parties agree to an extension of the fifty (50) day
14
OG1 dipefamy fe, GSH! ny big Cle" ah Ge" urtsiat the Co
electronic grievance system by Management. The
electronic grievance system will use the extension date to
calculate the timeframe for activation of the appeal option.
The extension date entered shall be the same number of
calendar days as the length of the extension (e.g. Grievance
filed on February | and the parties agree to a ten (10) day
extension, Management enters February ll in the
extension field in the electronic grievance system).
At the Step 2 meeting, the grievance may be granted,
settled or withdrawn, or a response shall be prepared and
submitted by the Agency head or designee, within fifty (50)
days of the submission or agreed upon extension date. The
answer shall be consistent with the terms of this
Agreement. Once the grievance has been submitted at Step
2 of the grievance procedure, the grievance form may not
be altered except by mutual written agreement of the
parties. Meetings will ordinarily be held at the work site in
as far as practical; if available, teleconferencing and
videoconferencing may be utilized. Any grievances
resolved at Step 2 shall not be precedent setting at other
institutions or agencies unless otherwise specifically
agreed to in the settlement. The grievant may be
accompanied at this meeting by a delegate and/or an
organizer. The inability of a delegate or organizer to be
present at such meeting afier reasonable attempts to
schedule will permit the Agency head or designee to render
a decision based on documents only.
Alternative Dispute Resolution (ADR)
If the grievance is not resolved at Step 2, not answered
within fifty (50) days of filing or any mu
Preview
061 ARTICHESEPURPESE NK B HOLE TANS OF the Co AGREEMENT... wee 1.01 Mid-Term Contractual Changes 1.02 Memorandum of Understanding Duration 1.03 Total Agreement. ARTICLE 2 - UNION RECOGNITIO! ARTICLE 3 - UNION RIGHTS 3.01 Delegates and Organizers... 3 3.02 Union Requests for Time Away from Job Duties for Union Work 3.03 Other Union Deductions 3.04 Credit Union Deductions. 3.05 Bulletin Boards. 3.06 Meeting Room Space 3.07 Union Orientation 3.08 Mail Service and Use of State Electronic Systems ARTICLE 4 - UNION SECURITY. 4.01 Dues Deduction 4.02 Reserved for Future Use. 10 ARTICLE 5 - MANAGEMENT RIGHTS 10 ARTICLE6 - NON-DISCRIMINATION. 11 6.01 Non-Discrimination.. i 6.02 Agreement Rights... i ARTICLE 7 - GRIEVANCE PROCEDURE. 11 7.01 Purpose i 7.02 Definitions. 12 EXHIBIT A 0614.27.05 SpeftRrblin: Gannty Ohio Clerk of Courts,gf the Co 7.04 Grievance 13 7.05 Termination of the Issue... 13 7.06 Grievance Steps 13 7.07 Arbitration Procedures 18 7.08 Non-Traditional Arbitration 21 7.09 Representation... 22 10 Miscellaneous....... 23 7.11 Electronic Grievance System. 24 ARTICLE 8 - DISCIPLINE........ 24 8.01 Standard 24 8.02 Progressive Discipline. 24 8.03 Pre-Discipline. 25 8.04 Investigations 26 ARTICLE 9 - PROBATIONARY PERIODS. 27 9.01 Initial Probationary Period...... 27 9.02 Promotion, Demotion, and Lateral Transfer. 27 9.03 Extension of Trial or Probationary Period.. 29 ARTICLE 10 - VACATION ALLOWANCE 30 10.01 Rate of Accrual. 30 10,02 Maximum Accrual...... 31 10.03 Scheduling. 31 10.04 Charge of Vacation Leave 32 10.05 Conversion of Vacation Leave Credit upon Separation from Service 32 10.06 Transfer of Vacation Leave 32 ii 061421007; Are R OEM SRO. (Ohio Clerk of Courts,gf the Co 10.08 Leave Availability... 32 ARTICLE 11 - HOLIDAYS 11.01 List of Days 33 11,02 Holiday Pay 33 11.03 Computation of Holiday Pay or Compensatory Time 11.04 Part-time Employees 35 11.05 Religious Holiday Exchange .... 35 ARTICLE 12 - PERSONAL LEAVE 12.01 Eligibility for Personal Leave.. 35 12.02 Personal Leave Accrual. 35 12.03 Charge of Personal Leave. 35 12.04 Notification and Approval of Use of Personal Leave 36 12.05 Prohibitions 36 12.06 Conversion or Carry Forward of Personal Leave Credit at Year’s End 36 12.07 Conversion of Personal Leave Credit Upon Separation From Service. 36 12.08 Transfer of Personal Leave Credit...... 36 12.09 Death of an Employee. 37 12.10 Leave Availability...... 37 ARTICLE 13 - SICK LEAVE. 13.01 Definitions. 37 13.02 Leave Accrual. 37 13.03 Charge of Sick Leav 38 iii 061.42 12 0-gaA BORK UH PLUP ER eR ourts.gt the Co 13.05 Notification for Use of Sick Leave and Notification for Extended Sick Leav 39 13.06 Sick Leave Uses, Evidence of Use, and Abuse40 13.07 Inadequate Sick Leave 41 13.08 Conversion or Carry Forward of Sick Leave Credit at Year’s End or upon Separation from State Service 41 13,09 Transfer of Sick Leave Credit. 42 13.10 Leave Donation Program. 42 ARTICLE 14 - BEREAVEMENT... 45 ARTICLE 15 - DISABILITY LEAVE... 45 15.01 Disability Program 45 15.02 Other Leave Usage to Supplement Disability ..48 15.03 Disability Review 48 15.04 Insurance Providers and Third-Party Administrators. 49 ARTICLE 16 - SERVICE CONNECTED INJURY AND ILLNESS... 49 16.01 Salary Continuation for Workers” Compensation Claims. 49 16.02 Other Leave Usage to Supplement Workers’ Compensation .... 51 16.03 Occupational Injury Leave (OIL)... 51 16.04 Transitional Work Programs 52 16.05 Implementation............0.ccceeseeeeeeeeeereeteeeeeeDS ARTICLE 17 - GROUP HEALTH INSURANCE ARTICLE 18 - LIFE INSURANCE .... iv 061421801 Fpanitin County Ohio Clerk of Courts.of the Co 18.02 Conversion ..........cccccceecececiesseeeesieeseeeesee 56 18.03 Disability Coverage . sesseeteseeeesee sO 18.04 Double Indemnity ..... 56 18.05 Optional Life Insurance............0..0.ceceeeeeeee 56 18.06 Benefits Trust ........0.ccceseecesseeeseeseteeseeees 56 18.07 Voluntary Supplemental Benefit Plans 57 ARTICLE 19 - INDEMNIFICATION.... 57 ARTICLE 20 - OHIO EMPLOYEE ASSISTANCE PROGRAM (Ohio EAP). 20.01 Implementation... 57 20.02 Training of Delegates.............-:00cccccesseeeees 58 20.03 Awareness of Service seseeeseseeeneseeen 58 20.04 Confidentiality of Records 58 ARTICLE 21 - TRAVEL..... 58 21.01 Time 58 21.02 Personal Vehicle ............scesecscseeseeseeeesseeees 59 21.03 Duty to Report 60 21.04 Expense Allowances..... 60 21.05 Travel Reimbursement 61 21.06 Transport of Felons 62 21.07 Parking 62 21.08 Transportation Reimbursement. 62 21.09 State Vehicles... cece teseeseeseesees 63 ARTICLE 22 - MOVING EXPENSES... 64 ARTICLE 23 - CONTINUING EDUCATION. 64 v 0G1422L0he Fyaaktin County Ohio Clerk of Courts,gf the Co 23.02 Tuition Reimbursement, Seminars and Conferences Fund. 64 23.03 Educational Stipends. 66 23.04 Time Off for Classes 67 23.05 Continuing Education Units (CEU) 67 23.06 Administrative Leav 68 ARTICLE 24 - HOURS OF WORK AND OVERTIME. 68 24.01 Work Week 68 24.02 Rate of Overtime Pay..... 68 24.03 Overtime Assignment . 69 24.04 Overtime and Compensatory Time 70 24.05 Jury Duty 71 24.06 Court Appearance ....... 71 24.07 Meal Periods. 72 24.08 Breaks 73 24.09 Required Meeting Attendance 73 24.10 Non-Traditional Work Schedules 73 24.11 Place of Work..... 75 24.12 Posting of Work Schedules 75 24.13 Weekends 76 24.14 Shifts 76 24.15 Job Sharing....... 76 24.16 Shift and Assignment Openings... 77 24.17 Pulling or Movement of Personnel 77 24.18 Canvass 77 vi A CH 061 ARTI EK P WORKING NIHE AF the Co EMPORN ARTICLE 26 - LEAVES OF ABSENCE.... 2078 Unpaid Leaves. 78 26.01 Personal and Educational Leave 78 26.02 Union Leav 79 26.03 Workers’ Compensation Leave 79 26.04 Requesting Leave of Absence Without Pay 79 26.05 Return to Service 79 26.06 Seniority While On Leave 80 26.07 Benefits While On Leave 80 26.08 Return from Extended Medical Leave 81 26.09 Military Leave of Absence 81 26.10 Application of the Family Medical Leave Act.81 Paid Leaves 81 26.11 Adoption/Childbirth Leav: 81 26.12 Leave to Attend Industrial Commission Hearing 82 ARTICLE 27 EMPLOYEE STATUS 82 27.01 Full-Time 82 27.02 Part-Time 82 27.03 Intermittent. 82 27.04 Interim. 83. 27.05 Temporary 84 27.06 Established Term Appointment 84 27.07 Classified and Unclassified 87 27.08 Special Project. 87 vii 061 ARTIC EAE ER ORUTY. O| Clerk of Courts.af the Co 28.01 Seniority Definition 88 28.02 Identical Hire Dates . 90 28.03 Seniority Lists. 91 28.04 Conversion 91 ARTICLE 29 - LAYOFF AND RECALL... 92 29.01 Notice. 92 29.02 Layoff Procedures.. 92 29.03 Recall 94 29.04 Appeals 95 29.05 No Reduction of Hours... 95 29.06 Placement... 95 29.07 Alternate Procedures..... 96 ARTICLE 30 - VACANCIES...... 96 30.01 Job Vacancies 96 30.02 Awarding the Job (Transfers and Promotions and Demotions) 97 ARTICLE 31 - PROFESSIONAL COMMITTEES 101 31.01 State Professional Committee... 101 31.02 Agency Professional Committees... 101 31.03 Facility Professional Committees 102 31.04 Health and Safety Committees 102 31.05 Procedures... 104 31.06 Other Committees... 104 ARTICLE 32 - HEALTH AND SAFETY PROCEDURES. 105 viii 06142320 NpESa ESR TRAY MOR FORK Of Courtgygt the Co 32.02 Blood Donations 106 32.03 Metal Detectors. 106 32.04 Tools and Accessories... 107 32.05 Home Visits. 107 32.06 State Vehicles 107 32.07 Notification of Medical Conditions of Clients. 107 32.08 Medical Testing by Non-Medical Personnel . 107 32.09 Rest Rooms 108 32.10 Strip Search 108 32.11 Working Alone 108 32.12 Ohio MHAS Medical Isolation. 109 32.13 Video Display Terminals. 109 32.14 DYS Client Transport 110 32.15 Hostage Leave 110 32.16 Right-to-Know About Toxic Chemicals. lll 32.17 Institutional Office Visibility... V1 ARTICLE 33 - SERVICE DELIVERY. 111 ARTICLE 34 - CAREER...... 111 ARTICLE 35 - EMERGENCIES... 111 35.01 Emergency Leave V1 35.02 List of Essential Employees . 14 ARTICLE 36 - PERSONNEL FILES... 114 36.01 Access 14 36.02 Review of Documents 115 ix ount' ty, Qhio Clerk of Courts Qf the Co 061423603, AUT ANY, . sissienesnissetinsterenteees 36.04 Department of Administrative Services 116 ARTICLE 37 - UNIFORMS 116 ARTICLE 38 - WORKING OUT OF CLASS. 116 ARTICLE 39 - CLASSIFICATION CHANGES 119 39.01 Employer Changes 119 39.02 Union Review 120 39.03 Holding Classifications.. 122 ARTICLE 40 - VOLUNTARY COST SAVINGS PROGRAM 122 ARTICLE 41 SUB-CONTRACTING 125 41.01 Contracting Out 125 41.02 Facility Closings/Service Elimination. 125 41.03 Supervisors/Managerial Employees. 126 41.04 Volunteers. 126 41.05 Contracting-In. 126 41.06. 127 ARTICLE 42 GENERAL PROVISIONS. 128 42.01 Orientation and Training 128 42.02 Polygraph Tests 128 42.03 Compensation for Damaged Personal Property 128 42.04 Nursing Duties. 129 42.05 Technology. 129 ARTICLE 43 - WAGE! 129 43.01 Definitions of Rates of Pay 129 01.4243 02gqif Ae? RAUL LR Clerk of Courts.gf the Co 43.03 Initial Hires. 137 43.04 Promotions 137 43.05 Stand-by Pay. 137 43.06 Call Back Pay 137 43,07 Report Pay 138 43.08 Shift Differential. 138 43.09 Bilingual Pay Differential ...... 139 43.10 Risk Supplement. 139 43.11 Recruitment/Retention 140 43.12 Professional Achievement Incentive Levels (PAIL) 141 43.13 Longevity Pay Supplement. 142 43.14 Child Care Expense Reimbursement Program 142 43.15 Communication of Programs to Employees .. 144 43.16 Pay Shortages 145 43.17 Electronic Funds Transfer 145 43.18 Performance Evaluation 145 43.19 Reserved for Future Use. 147 43.20 Alternative Compensation Pilot.. 147 ARTICLE 44 - PHYSICIANS’ PAY SCHEDULES 148 44.01 Salary Level. 148 44.02 Physicians’ Pay Tables 149 44.03 On Duty 151 44.04 On-Call. 152 44.05 Recruitment/Retention 153 xi 061 ARTICH ELE HO STRIRY RIESE Boer F.BI the Co 45.01 Union Prohibition 153 45.02 Affirmative Duty 153 45.03 Disciplinary Actions ..... 154 45.04 Employer Prohibition. 154 ARTICLE 46 - SAVINGS CLAUSE.... 154 ARTICLE 47 - TERMINATION OF AGREEMENT 154 47.01 Duration 154 ARTICLE 48 - COPIES OF THE AGREEMENT.. 154 ARTICLE 49 - DRUG TESTING..... 154 APPENDIX A - BARGAINING UNIT CLASSIFICATIONS 156 APPENDIX B - LAYOFF JURISDICTIONS. 165 APPENDIX C - OCCUPATIONAL INJURY LEAVE GUIDELINES... 170 APPENDIX D - DRUG-FREE WORKPLACE POLICY....... 177 APPENDIX E - ALTERNATIVE WORK LOCATIONS.. 188 APPENDIX F - FURLOUGH. 190 AGENCY AGREEMENTS AND MEMORA| OF UNDERSTANDING... 194 DEPARTMENT OF HEALTH 194 DEPARTMENT OF JOB AND FAMILY SERVICES 202 DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES 207 xii Co 0614 202PGRFE NTS FH BLROIA Slerkipf Courts of the DISABILITIES 229 ADULT PAROLE AUTHORITY. 231 DEPARTMENT OF REHABILITATION AND CORRECTION 236 DEPARTMENT OF VETERANS SERVICES ......244 BUREAU OF WORKERS’ COMPENSATION.....244 DEPARTMENT OF YOUTH SERVICES 245 xiii Franklin, Cave RNG: Clerk of Courts of the Co 06142 - N47 A ETWEEN THE STATE OF OHIO AND SERVICE EMPLOYEES INTERNATIONAL UNION, DISTRICT 1199, THE HEALTH CARE AND SOCIAL SERVICE UNION, CHANGE TO WIN, CLC This Agreement is hereby entered into by and between the State of Ohio, Office of Collective Bargaining, (hereinafter referred to as the “Employer’), and Service Employees International Union, District 1199, The Health Care and Social Service Union, Change to Win, CLC, (hereinafter referred to as the “Union’). ARTICLE 1 - PURPOSE AND INTENT OF THE AGREEMENT It is the purpose of this Agreement to provide for the wages, hours and terms and conditions of employment of the employees covered by this Agreement; and to provide an orderly, prompt, peaceful and equitable procedure for the resolution of differences between employees and the Employer. Upon ratification, the provisions of this Agreement shall automatically modify or supersede: (1) conflicting rules, regulations and interpretive letters of the Department of Administrative Services pertaining to wages, hours and conditions of employment; and (2) conflicting rules, regulations, practices, policies and agreements of or within departments/Agencies pertaining to terms and conditions of employment; and (3) conflicting sections of the Ohio Revised Code except those incorporated in Chapter 4117 or referred to therein. This Agreement may be amended only by written agreement between the Employer and the Union. No verbal statement shall supersede any provisions of this Agreement. Fringe benefits granted by the Ohio Revised Code which are not specifically provided for or abridged by this 1 061 Aarcemagiy tle RERHAY BPR Sigel Reretsae! the Co 1.01 Mid-Term Contractual Changes The Employer and the Union have the power and authority to enter into amendments of this Agreement during its term constituting an addition, deletion, substitution or modification of this Agreement. Any amendment providing for an addition, deletion, substitution or modification of this Agreement must be in writing and executed by the President of the Union or designee and the Director of the Department of Administrative Services or designee. Upon its execution, such amendment shall supersede any existing provision of this Agreement in accordance with its terms and shall continue in full force and effect for the duration of this Agreement. All other provisions of this Agreement not affected by the amendment shall continue in full force and effect for the term of this Agreement. 1.02 Memorandum of Understanding Duration All Memoranda of Understanding, amendments, Letters of Intent, or any other mutually agreed to provisions, shall be reviewed by the Union 1199, the Office of Collective Bargaining, and Agency representatives for determination of their force and effect. Unless otherwise mutually agreed by the parties, those Memoranda of Understanding, amendments, Letters of Intent, or any other mutually agreed to provisions, shall expire and have no further force and effect upon the expiration of this Agreement, except those which have or do confer an economic benefit. 1.03 Total Agreement This Agreement represents the entire agreement between the Employer and the Union and unless specifically and expressly set forth in the express written provisions of this Agreement, all rules, regulations, practices and benefits previously and presently in effect, may be modified or discontinued at the sole discretion of 2 061 Ale Emplgyed FS ERM UFR Rae BA the Co any existing or future ORC statutes or rules of the OAC and applicable Federal law. This Agreement may be amended only by written agreement between the Employer and the Union. ARTICLE 2 - UNION RECOGNITION The Employer hereby recognizes, Service Employees International Union, District 1199, The Health Care and Social Service Union, Change to Win CLC, as the sole and exclusive bargaining agent for the purpose of collective bargaining on all matters pertaining to wages, hours, terms and other conditions of employment for employees in the bargaining units. The bargaining units for which this recognition is accorded are defined in the Certification issued by the State Employment Relations Board on October 10, 1985 (Case No. 85-RC-04-3295) and November 22, 1985 (Case No. 85-RC-04-3713). This Agreement includes all employees employed in the classifications and positions listed in Appendix A of this Agreement. The Employer shall notify the Union of any changes in the classification plan sixty (60) days prior to the effective date of the change or as soon as the changes become known to the Employer, whichever occurs first. In the event of a dispute between the parties as to future inclusions or exclusions from the units resulting from the establishment of new or changed classifications or titles, either party to this Agreement may apply to the State Employment Relations Board for resolution of the dispute The Employer recognizes the integrity of the bargaining units and will not take action for the sole purpose of eroding the bargaining units. ARTICLE 3 - UNION RIGHTS 3.01 Delegates and Organizers The right of the Union to appoint a reasonable number of delegates is recognized. The delegates appointed shall 2 3 oG1 Awe compiled HIP RAMP QDI FIG 8h Gas af the Co are Union stewards as that term is generally used. In addition to their regular work duties, the duties of the delegates during work time shall be limited to the investigation and presentation of bargaining unit employees’ grievances and representing said employees in meetings with the Agency. Delegates/organizers may receive and discuss complaints and grievances of employees on the premises and time of the Agency provided it does not interfere with the necessary operation of the facility. Delegates may use a reasonable amount of time to perform delegate duties. Delegates shall notify their supervisors when working on authorized Union business. Before a delegate takes time away from his/her job duties to administer the Agreement, the delegate must inform his/her supervisor or designee of the approximate duration of time the delegate expects to be away from his/her job duties and, if the delegate is leaving the work area, the duration of time expected to be away from the work area. The notification shall be given as far in advance as is practical, according to the circumstances. Any disputes between the Agency and the Union as to whether any organizer or delegate is spending an unreasonable amount of time in any work site conducting authorized Union business shall be resolved by the Union and the Agency appointing authority or designee. If the question cannot be resolved at this level, it shall be submitted to the Deputy Director of the Office of Collective Bargaining for resolution. Employees having a legitimate need for the services of their delegates/organizers shall notify their supervisor. Delegates/organizers will, upon entering any work area other than their own and prior to engaging in any representative duties, report to the supervisor involved. The Union will provide written notification to the Agency of the appointment of all delegates/organizers. No 4 061 appointment HANOI EQUA PHAR RH RTeHISR BF the Co received by the Agency. The Employer and the Union recognize the value of having an adequate number of delegates to provide representation within their appropriate jurisdiction. The Union further agrees to provide leadership development to its members for the purposes set forth in this Article with the goal of increasing Union participation and member/delegate representation. When it is necessary for delegates to conduct authorized Union business ina work site or shift other than their own, they shall notify the designated Agency representative of that work site or shift of their presence and the nature of their business. Delegates/organizers of the Union shall be allowed reasonable contact with employees of the bargaining unit during normal working hours. The organizer shall notify the designated Agency representative before conducting Union business on the Agency’s premises and shall adhere to the Agency’s reasonable policy regarding access. Each year of the contract, Union delegates will be allowed a maximum of eight (8) hours of time off with pay at his/her straight time rate to participate in contract administration training conducted by the Union. The time for the delegate training will be at a time mutually agreeable to the Union and the Agency. The Union’s vice- president shall be given ten (10) days administrative leave with pay to attend to his/her duties as an officer. Employees elected to the Executive Board of the Union may be allowed time off without pay or may use their personal leave or vacation to attend necessary meetings. Such requests shall not be unreasonably denied. The Union shall designate no more than twenty (20) bargaining unit members to serve on the negotiating team. Members of the Union negotiating team shall be paid by the Employer for the time spent in negotiations with the 5 01 Ealovaya fANsn Pruely hia. Clerk et Couris.af the Co such negotiations, provided that no Union negotiating team member shall receive more than eight (8) hours pay for any single day. At the request of the Union, Union negotiating team members will also be paid for up to three (3) days of negotiations preparations. It is understood that the Union is in exclusive control of the composition of its committee and may select those State employees, up to twenty (20) who will participate in negotiations. The Union may, ona limited basis, replace or substitute individual committee members as it perceives the need. 3.02 Union Requests for Time Away from Job Duties for Union Work All requests for any form of time away from job duties pursuant to this Article must be made by completing a form or log provided by the Employer. No employee will be permitted time away from job duties pursuant to this Article, without completing the form or log prior to the utilization of such time, and securing of permission to utilize such time from the employee’s supervisor or designee. The employee shall enter on the form the time the employee begins performing union work and the time the employee returns to the employee’s job duties. Employees who do not return to their worksite prior to the end of the employees’ workday shall complete the form at the beginning of the employees’ next workday. Employees who normally work out of the office, will work out an acceptable alternative procedure with their supervisor. 3.03 Other Union Deductions The Employer, for the term of this Agreement, shall withhold other Union deductions from the pay received monthly, quarterly, or annually from those employees who have voluntarily and individually authorized such deduction by executing and submitting a written authorization form (payroll deduction form) in a timely 6 oc atanner. pal Aneta. Centr. Phin Clerk et Gaurts,gf the Co Union regularly 3.04 Credit Union Deductions The Employer agrees to honor Credit Union deduction requests for members who have properly signed and executed the payroll deduction form. Such deduction shall remain in effect until the Employer is properly notified in writing by the employee of any change. 3.05 Bulletin Boards The Agency shall provide a suitable space for the use of the Union at each facility for the purpose of posting bulletins, notices and other materials affecting the employees in the bargaining units except for those situations where the Agency does not lease or own office space. In institutional agencies, bulletin boards shall be glass enclosed and lockable. The appropriate Union representative shall have the key. The posting of any Union materials shall be restricted to such bulletin board space. Any material posted will be signed and dated by the appropriate Union representative priorto such posting. The Union agrees not to post any material which is profane, obscene or defamatory to the Employer, its representatives, or any individual, or which constitutes campaign material between competing employee organizations, or partisan campaign literature. The Union representative shall remove any materials in violation of this Section. The unresolved posting of any material at a facility may be referred to the Union and the Office of Collective Bargaining for resolution. 3.06 Meeting Room Space Space for meetings or conferences with employees may be provided upon request, when available. The Employer agrees to provide office space in institutions where space is currently provided to other labor organizations to be used for conducting Union business. 97 Unig! gaaklingeuny Ohio Clerk of Courts of the Co 0614: Where the Employer has a structured employee orientation program, the Union shall be permitted to make a presentation not to exceed thirty (30) minutes in duration regarding the Union. The Employer shall notify the Union of newly hired employees at reasonable intervals, but no later than before a scheduled orientation. 3.08 Mail Service and Use of State Electronic Systems The Union shall be permitted to use the State inter and intra-office paper mail system. This usage shall be limited to matters that involve the Union and the Employer. It is not to be used for the purpose of mass mailings to membership and/or bargaining unit employees. The Employer agrees not to open employee Union mail when clearly marked as such. Where security is of concern, the mail shall be opened in the presence of the addressee. When feasible, and where equipment is currently available, Union delegates may utilize electronic mail and/or facsimile equipment solely for contract enforcement and interpretation and grievance processing matters. Such transmissions will be primarily to expedite communication regarding such matters, will be reasonable with respect to time and volume, and limited to communications with the grievant, if any, appropriate supervisors and employee's staff representatives. Long distance charges which may be incurred must be approved prior to transmission. There shall be no expectation of privacy when using State equipment or electronic systems. ARTICLE 4 - UNION SECURITY 4.01 Dues Deduction The Employer shall deduct monthly membership dues and, if appropriate, initiation fees payable to the Union, upon receipt of a voluntary written individual authorization from any bargaining unit employee on a form developed and maintained by the Union. The form shall comply with all applicable federal and state laws and regulations. The 8 G1 Aion sealelONll FAMINE Wit Ltt.’ CATERAE the Co identifying information in order to allow the Employer to identify the employee named on the form in order to permit proper processing. If such information is not provided, then the Employer is not obligated to deduct membership dues. In such instances the Employer shall provide timely notification to the Union of the concern that is preventing the processing of the card. All funds so deducted shall be remitted to the Union regularly. Employee membership in the Union is voluntary and is not a condition of employment. When an employee transfers from one appointing authority to another within the bargaining unit, the dues deduction card, if one has been submitted, will be transferred to the new appointing authority. In the event there are changes in the law that permit the collection of fair share fees from non-members of the Union through payroll deductions, the Union and the Employer shall enter into good faith negotiations to address fair share fees. The Employer will terminate dues deductions for the following reasons: A. Bargaining unit employee signs cancellation notification on the form provided by the Union. Upon receiving a cancellation notification, the Union shall provide timely notice of the cancellation to the Employer; Bargaining unit employee resigns, is discharged, or severs employment with the Employer for any other reason; C Bargaining unit employee is laid off. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken as a result of a request of the Union under the provisions of this Article 9 OG1 Arpludingysig ne! REOU AHS, ale Fei Geertsief the Co Union shall indemnify and hold harmless the Employer from and against any liability incurred to any third parties with proper standing, that arise from the dues deductions form. The Union shall indemnify the Employer from and against any and all claims, suits, orders, or judgments brought against the Employer that arise from the dues deductions form. 4.02 Reserved for Future Use ARTICLE 5 - MANAGEMENT RIGHTS The Union agrees that all of the function, rights, powers, responsibilities and authority of the Employer, in regard to the operation of its work and business and the direction of its workforce which the Employer has not specifically abridged, deleted, granted or modified by the express and specific written provision of the Agreement are, and shall remain, exclusively those of the Employer. Accordingly, the Employer retains the rights to: 1) hire and transfer employees, suspend, discharge and discipline employees for just cause; 2) determine the number of persons required to be employed or laid off; 3) determine the qualifications of employees covered by this Agreement; 4) determine the starting and quitting time and the number of hours to be worked by its employees; 5) make any and all rules and regulations; 6) determine the work assignments of its employees; 7) determine the basis for selection, retention and promotion of employees to or for positions not within the bargaining unit established by this Agreement; 8) determine the type of equipment used and the sequences of work processes; 9) determine the making of technological alterations by revising the process or equipment, or both; 10) determine work standards and the quality and quantity of work to be produced; 11) select and locate buildings and other facilities, 12) transfer or sub-contract work; 13) establish, expand, transfer and/or consolidate, work processes and facilities; 14) consolidate, 10 Grates. quseRee FRAY BPG Sr aECauTtRet the Co property, processes or work with or to any other municipality or entity or effect or change in any respect the legal status, management or responsibility of such property, facilities, processes or work: 15) terminate or eliminate all or any part of its work or facilities. ARTICLE 6 - NON-DISCRIMINATION 6.01 Non-Discrimination Neither the Employer nor the Union shall unlawfully discriminate against any employee of the bargaining units on the basis of race, sex, creed, color, religion, age, national origin, political affiliation, Union affiliation and activity, handicap or sexual orientation, or discriminate in the application or interpretation of the provisions of this Agreement, except those positions which are necessarily exempted by bona fide occupational qualifications due to the uniqueness of the job, and in compliance with the existing laws of the United States or the State of Ohio. In addition, the Employer shall comply with all the requirements of the Federal Americans with Disabilities Act and the regulations promulgated under that Act. The Employer and Union hereby state a mutual commitment to equal employment opportunity, in regards to job opportunities within the Agencies covered by this Agreement. 6.02 Agreement Rights No employee shall be discriminated against, intimidated, restrained, harassed, or coerced in the exercise of rights granted by this Agreement. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01 Purpose A. The Employer and the Union recognize that in the interest of harmonious relations, a procedure is necessary whereby employees can be assured of prompt, impartial and fair processing of their grievances. Such procedure shall be available to all ll 06142 barggisige UME GRWY MOIR RBH. TAH Haig the Co ll be taken against any employee initiating or participating in the grievance procedure. The State Personnel Board of Review shall have no jurisdiction to receive and determine any appeals relating to matters that are the subject of this grievance procedure. The parties are committed to utilizing all available technologies to ensure prompt and efficient processing of grievances. The parties will continue discussion to examine, improve, and implement electronic signatures for purposes of resolving and closing grievances 7.02 Definitions A Grievance as used in this Agreement refers to an alleged violation, misinterpretation, or misapplication of specific Article(s) or Section(s) of the Agreement. Disciplinary grievance refers to a grievance involving a suspension, a fine, a discharge, or a reduction in pay or position. Probationary employees shall not have access to the disciplinary grievance procedure. Day as used in this Article means a calendar day, and times shall be computed by excluding the first and including the last day For the initial filing of a grievance, when the last day falls on a Saturday. Sunday, or a legal holiday, the initial filing may be done on the next succeeding day which is not a Saturday, Sunday, or holiday. D. Step 2 refers to the Agency step. 7.03 Specific Provision The grievant shall cite on the grievance form the specific Article, Section, or combination thereof that he/she alleges to have been violated and the specific resolution requested. The grievance may be amended at the Step 2 meeting. The receipt of a grievance in the electronic grievance system or the automatic numbering of a 12 oe atevancy fale. GRHRIY Shia, Clerk of Gourts-af the Co procedural defect. 7.04 Grievance A grievance under this procedure may be brought by any bargaining unit member who believes himself/herself to be aggrieved by a specific violation of this Agreement. When a group of bargaining unit employees desires to file a grievance involving an alleged violation that affects more than one (1) employee in the same way, the grievance may be filed by the Union. A grievance so initiated shall be called a Class Grievance. Class Grievances shall be filed by the Union within twenty (20) days of the date on which the grievant(s) knew or reasonably could have known of the event giving rise to the Class Grievance. The Union shall identify the class involved, including the names if necessary, if requested by the Agency head or designee. Union representatives, officers or bargaining unit members shall not attempt to process as grievances matters which do not constitute an alleged violation of this Agreement. Reprimands may be grieved. The decision shall not be advanced past Step 2. 7.05 Termination of the Issue When a decision has been accepted by the Employer and the Union at any step of this grievance procedure, or the Employer has granted the grievance, it shall be final and no further use of this grievance procedure in regard to that issue shall take place. Settlement agreements that require payment or other compensation shall be initiated for payment within two (2) payroll periods following the date the settlement agreement is fully executed. If payment is not received within three (3) pay periods, interest at the rate of one percent (1%) shall accrue commencing the first day after the payment was due, and on the same date of subsequent months. 7.06 Grievance Steps The parties intend that every effort shall be made to 13 01 abnre-alhy fan ims GHNIY, Chie, Clerk. of Cayrts of the Co names of witnesses to facilitate the resolution of grievances at the lowest possible level to the extent that the Health Insurance Portability and Accountability Act (“HIPAA”) allows. By mutual agreement, the Union and the Agency may waive Step 2 of this procedure. The following are the implementation steps and procedures for handling a member’s grievance: A member having a complaint is encouraged to first attempt to resolve it informally with his/her immediate supervisor at the time the incident giving rise to the complaint occurs or as soon thereafter as is convenient. At this meeting there may be a delegate present. Any time away from job duties under this section shall be indicated on the Agency’s form or log if required under Section 3.02 of this Agreement. If the member is not satisfied with the result of the informal meeting, if any, the member may pursue the formal steps which follow: Step 2 (Agency step) All complaints not resolved at the supervisory level shall be filed in the electronic grievance system as a formal grievance within twenty (20) days of the date on which the grievant knew or reasonably should have had knowledge of the event. Grievances submitted beyond the twenty (20) day limit will not be honored. The parties shall reference the date the grievance was submitted in the electronic grievance system to confirm timeliness. Prior to the grievance meeting with the Agency designee and at the request of either party, attempts may be made to resolve the grievance. The Agency head or designee shall hold a meeting and issue a response within fifty (50) days after the receipt of the grievance. Management must enter the meeting date in the electronic grievance system. If the parties agree to an extension of the fifty (50) day 14 OG1 dipefamy fe, GSH! ny big Cle" ah Ge" urtsiat the Co electronic grievance system by Management. The electronic grievance system will use the extension date to calculate the timeframe for activation of the appeal option. The extension date entered shall be the same number of calendar days as the length of the extension (e.g. Grievance filed on February | and the parties agree to a ten (10) day extension, Management enters February ll in the extension field in the electronic grievance system). At the Step 2 meeting, the grievance may be granted, settled or withdrawn, or a response shall be prepared and submitted by the Agency head or designee, within fifty (50) days of the submission or agreed upon extension date. The answer shall be consistent with the terms of this Agreement. Once the grievance has been submitted at Step 2 of the grievance procedure, the grievance form may not be altered except by mutual written agreement of the parties. Meetings will ordinarily be held at the work site in as far as practical; if available, teleconferencing and videoconferencing may be utilized. Any grievances resolved at Step 2 shall not be precedent setting at other institutions or agencies unless otherwise specifically agreed to in the settlement. The grievant may be accompanied at this meeting by a delegate and/or an organizer. The inability of a delegate or organizer to be present at such meeting afier reasonable attempts to schedule will permit the Agency head or designee to render a decision based on documents only. Alternative Dispute Resolution (ADR) If the grievance is not resolved at Step 2, not answered within fifty (50) days of filing or any mu