Article 20 - 25

In the event of a dispute or grievance arising, which is not promptly and amicably adjusted between the supervisor and employee, said dispute or grievance shall be submitted through the regular channels provided under the Grievance Procedure. Pending a decision on the grievance, Management's orders shall be followed as given with regard to the employee involved. The University agrees to meet immediately with the employee and the Union over issues involving safety. Nothing in this Article is intended to be a waiver of an employee's statutory dght to refuse an unsafe work assignment.

All applicants for positions who meet the posted qualifications shall be subject to examination.

Consideration of applicants may include an evaluation of such factors as related education, training, capacity, knowledge, manual dexterity, and physical or psychological fitness. Examinations may consist of one or more tests in combination. Tests may be written, oral, physical, demonstration of skills, or an evaluation of training and experiences and shall be designed to fairly test the relative capacity of the persons examined to discharge the particular duties of the position for which appointment is sought.

When a written and/or practical examination are administered to determine qualifications, a composite score will be used. The average score of the two tests shall be seventy percent (70%) or better to achieve a passing score. An employee must receive at least a sixty percent (60%) score on either a written or practical test to be eligible for promotion. If only one test is administered, Employee must receive at least a seventy percent (70%) score on the test to achieve a passing score. A passing score will remain valid from the date the score is recorded for a period of three years.

Employees who are scheduled for a written and/or practical examination that do not report to take the exam, without prior supervisor and proctor approval, or fail to complete the examination once it has begun shall not be eligible to test for the same classification for a time period of six (6) months. Employees who take a written and/or practical examination and do not successfully pass the examination shall not be eligible to test for the same classification for a time period of two (2) months in order to allow the employee time to study and prepare for potential future examinations.

Written examinations shall be administered by University Human Resources, o.r Human Resources' designee, at a location other than the employee's work site. Practical examinations shall be conducted by the employee's supervisor and shall be monitored by University Human Resources, or Human Resources' designee.

It is the policy of Ohio University to deal fairly and promptly with all grievances brought to lts attention by its employees who are members of the Bargaining Unit. It is the right of every member of the Bargaining Unit to use the prescribed grievance machinery without fear of reprisal.

A grievance under the terms of this Contract is defined as a dispute or difference between the University and the Union or between the University and an employee or employees concerning the interpretation and/or application of and/or compliance with any provision of this Contract, including safety and any and all disciplinary actions unless specifically precluded by this Contract; and when such grievances arise, the following procedure shall be observed:

A grievance must be filed in writing at either Step 1 or Step 2 no later than ten (10) work days following the date of the occurrence of the grievance, or the date the employee should reasonably have learned of the event giving rise to the grievance. A grievance submitted for review may not be amended past the first (1st) step deadline, absent mutual agreement of the parties.

If a grievance of the same issue involves two (2) or more employees, only one (1) employee shall be the representative grievant for purposes of this procedure. Moreover, if the same issue occurs in a continuous, consistent or repetitive manner prior to the resolution of the original matter in accordance with this article, Union and Management shall hold related grievances in abeyance pending the final resolution of the original grievance.

When grievances arise, the following procedure shall be observed:

• Informal Step: In an effort to amicably resolve disputes or differences, any employee claiming a grievance is strongly encouraged to discuss the potential grievance with their immediate supervisor immediately following the date of the occurrence of the grievance or the date the employee should reasonably have learned of the event giving rise to the grievance.
• First Step: If the employee chooses to file a grievance under this Article, the grievance may be submitted by the employee and/or the employee's steward to the administrative head of the unit, or their designee, within ten (10) work days following the date of the occurrence of the grievance or the date the employee should reasonably have learned of the event giving rise to the grievance. The grievance shall be on the form designated by the Union with a written statement of the grievance and signed by the employee and the Steward.

The written grievance shall include the nature of the grievance, the specific section of the Contract alleged to have been violated and the specific relief requested. Within ten (10) work days following the date of the presentation of the grievance at the First Step, a meeting will be held between the President, VicePresident or district steward, the employee, and the employee's supervisor and/or administrative department head (or a designee) to handle the grievance at the First Step. The administrative head or a designated representative will give an answer in writing to the grievance within ten (10) work days following the date of the meeting. If this does not resolve the grievance, it may be appealed to the Second Step.

• Second Step: Within ten (10) work days following the date of the written response to the First Step, the grievance may be appealed in writing to the Chief Human Resource Officer or a designated representative, by the Union. The grievance shall be heard at a mutually agreeable date and time for the parties. The grievant and not more than three (3) representatives of the Union will be entitled to attend the hearing. Management may have not more than four (4) representatives in the hearing. Both the Union and Management may call witnesses into the hearing. The parties may mutually agree to establish other days and times to hear grievances. A decision will be given in writing by the Chief Human Resource Officer or a designated representative within twenty (20) work days following the date of the Second Step meeting.

For purposes of grievance procedure time limits, work days herein shall be defined as Monday through Friday. Holidays will be considered work days for purposes of time limits herein.

• Arbitration: In the event the Second Step is unable to resolve the grievance, the Union must initiate any arbitration appeal by filing a written arbitration demand with the University within twenty (20) work days following the date the Union received the University Second Step written response for the grievance to remain valid. Within thirty (30) days of advancing the grievance to arbitration, the Union will request a panel of arbitrators from FMCS. Within fourteen (14) days of receipt of the panel the parties will select an arbitrator using the "strike method". The arbitrator will be notified of his or her selection by a joint letter from the parties. The letter will include a request that the arbitrator set a date and time for the hearing, subject to the availability of the Union and University representatives. These time lines may be extended by mutual agreement of the parties, but in no event will the arbitration be held more than eighteen (18) months from the date the grievance is appealed from the Second Step hearing.

Said arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this Contract, nor shall the arbitrator substitute their discretion for that of the University or the Union where such discretion has been retained by the University or the Union, nor shall the arbitrator exercise any responsibility or function of the University or the Union.

The fees and approved expenses of the arbitrator shall be paid equally by the parties. 

The cost of any transcript of the arbitration hearing shall be the responsibility of the requesting party, except that whenever the other party procures a copy of the transcript, the total cost of all transcript copies, Court Recorder fees and all other associated costs shall be paid equally by the parties. The arbitrator's decision shall in all respects, conform with the terms of this Contract.

The arbitrator's decision must be rendered within thirty (30) days following the closing of the arbitration hearing and the decision shall be final and binding upon the University, the Union, and the employees covered by this Contract.

• Grievance Mediation: Once a grievance has been appealed to arbitration by the Union, the parties, upon mutual agreement, may request the assistance of a mediator appointed by the FMCS or SERB to conduct a grievance mediation session. The mediator shall conduct the session at least thirty (30) days prior to any scheduled arbitration hearing. The session will be done in an informal manner as determined by the mediator. The mediator will attempt to resolve the dispute and may make recommendations to the parties regarding the settlement of the dispute. The recommendations of the mediator are not final and binding and any settlement of the grievance at this step will be based upon the mutual agreement of the parties. If the parties are unable to resolve the grievance through mediation, the mediator will provide the parties with an immediate oral advisory opinion, unless waived by mutual agreement of the parties. If grievance mediation is agreed upon, all timelines will be on hold until completion of the mediation. 
• Time Limits: Any time limit set forth in the grievance procedure may be extended only by mutual written
  agreement.
• Withdrawal of Cases: A grievance may be withdrawn without prejudice at anytime prior to arbitration, and if so withdrawn, all financial liabilities shall be canceled. Should an arbitration case be withdrawn after the selection of an arbitrator, all arbitrator fees and expenses shall be shared equally by the parties.

The procedures set forth in this Article shall be the sole and exclusive procedures for resolving any grievance or dispute which was or could have been raised by an employee covered by this Contract. It is expressly understood that the procedures set forth in this Article completely replace (and are not in addition to) any appeal process of the State Personnel Board of Review or of any such set of procedures.

Implementation

1.  Release of a grievance to consult with Union representatives at Step 1 and Step 2 prior to any hearing must be approved in advance by the grievance's immediate supervisor and is subject to the operational needs of the department. Release time shall not be unreasonably denied.
2. Release of any other employees as witnesses for the Union at Informal, Step 1, Step 2, or pre-arbitration meetings to either consult with Union representatives or attend hearings, must be approved in advance by the employee's immediate supervisor and is subject to the operational needs of the department, as well as the Union's establishment of the relevance of said employee's presence at the meeting or hearing. Release time shall not be unreasonably denied.
3. Union representatives may consult with employee grievant/s and/or employee witnesses for the Union one-half (1/2) hour prior to the time of the Step 2 hearing and one (1) hour prior to the time of any arbitration hearing, provided at least eight (8) hours advance notice is given to the Director of Labor Relations, Director of AFSCME Ohio Council 8, or the President of Local 1699 as to the names of employees attending the Step 2 and/or arbitration hearings. Employees will be released for the applicable one-half (1/2) or one (1) hour period prior to the hearing unless an unusual emergency work need exists which precludes the work release of employees. Employees will be released for any necessary hearing time.
4. Release time, herein, will be paid at the employee's straight time hourly rate only. There shall be no pay for any time an employee is involved in the grievance process outside the employee's normal work hours.
5. Other than the release time as prescribed herein, no employee will be released from work duty during the grievance process.
6. All release time as prescribed herein shall be on the premises of Ohio University and employees are expected to return to work immediately after any consultation or hearing as prescribed herein, and to notify their immediate supervisor immediately upon their return to work.

The number of representation districts in the unit shall be fourteen (14) unless the number is increased or decreased by agreement between the University and the Union. The University and the Union may redistrict the unit from time to time by agreement.

It is mutually recognized that the principle of proportional representation which reflects the increase in the work force is a sound and sensible basis for implementing this section of the Contract.

1. In each district, employees in the district shall be represented by a District Steward who shall be an employee covered by this Contract and working in the district. 
2. As it relates to grievances, District Steward, in their own district, in accordance with the terms of this section, may investigate and present grievances to the University at the Informal Step as outlined in Article 22. The Union President shall serve as the Union Representative at all First and Second Step Grievance meetings also in accordance with Article 22. When the District Steward is absent from campus during their regularly scheduled shift, it is understood that the President may assume the responsibilities of the District Steward. When the President is absent from campus during their regularly scheduled shift, the Vice-President will, in accordance with the terms of this section, investigate and present grievances to the University. In the absence of the District Steward, Vice President and President, Union table officers, on their non-work hours, may investigate and present grievances to the University.
3. The Union President shall be an employee in a classification within a department covered by this Contract. The Union President will not be assigned to a specific job station or shift in order to afford the President maximum opportunity to meet their responsibilities. However, the Union President shall not have the right to remain on all overtime lists that the President would normally be on.
4. The Union President is afforded a full release opportunity with the intention the President shall serve as the primary representative in all Union matters, in turn minimizing or eliminating the need for release time for other Union officers. In mutual cooperation, Union President shall maintain and utilize the University common calendaring system to reflect their availability. At the same time, Management will utilize the calendar of the Union President to schedule union matters at a mutually agreeable time. Moreover, President will prioritize management meetings over other previously scheduled and unscheduled events. In cases where the President is absent, unable to attend, or when invited by mutual agreement of the parties, the Vice-President may attend management meetings related to Union matters.
5. The privilege of stewards or the Vice-President leaving their work is subject to the understanding that the time will be devoted to the prompt and proper handling of grievances and the privilege will not be abused.
6. Stewards and the Vice-President will perform their regularly assigned work at all times except when necessary to leave their work to handle grievances as provided herein and in accordance With Article 22.
7. Before leaving a work assignment, a steward and/or the Vice-President must have approval of (1) their immediate supervisor and (2) the supervisor of the employee whose grievance is being investigated. 
8. An appointed time for the grievance investigation is subject to departmental operating requirements.
9. Any alleged abuse by either party will be. a proper subject for a Labor-Management Meeting.
10. The Union will furnish the Chief Human Resource Officer with the names of its authorized representatives, stewards, and members of its Grievance Committees, and such changes as may occur from time to time in such personnel, so that the University may at all times be advised as to the authority of the individual representatives of the Union with which it may be dealing. The University will, through the Chief Human Resource Officer, keep the Union advised as to its representatives. An employee will not be paid at any time that he/she is present during the processing of a grievance if the time falls outside normal working hours.

In the interest of sound Labor Management relations, the University and the Union will meet for a Labor Management Conference at the request of either party to discuss matters of mutual concern. A reasonable meeting place shall be designated by University Human Resources. The purpose of such meetings shall be to:

1. Discuss the administration of this Contract.
2. Notify the Union of changes made or contemplated by the University which may affect the bargaining unit members of the Union.
3. Discuss broad issues that relate to grievances that have been filed; however, specific grievances are not a proper subject and shall not be discussed at labor management meetings.
4. Disseminate general information of interest to the parties.
5. Give the Union and University the opportunity to exchange the views of Union members and the University.
6. Inform the Union of changes in the status of employees on the seniority list.

Not more than six (6) representatives of the University and not more than six (6) Union representatives, including one (1) Staff Representative, may attend the meeting. With advanced notification and upon mutual agreement of the parties, additional parties may be invited to the meeting if their input is germane to the agenda. 

Agenda items must be submitted by either party to the other at least seventy-two (72) hours in advance of such Labor Management Conference. If an agenda is not completed at least seventy-two (72) hours in advance of the labor management meeting, the meeting shall be cancelled. Only those items submitted timely and placed on the agenda will be addressed at the Labor Management Conference, unless the parties mutually agree otherwise.

Union representatives shall receive release time to attend the labor management meeting. Release time must be approved by the union representative's immediate supervisor and reviewed based on operational need; however, release time for labor management meetings will not be unreasonably denied. Release time, herein, will be paid at the employee's straight time hourly rate only. There shall be no pay for any time a union representative is involved in a labor management meeting outside the employee's normal work hours. Employees are expected to return to work immediately after the labor management meeting as prescribed herein, and to notify their immediate supervisor immediately upon their return to work.

Occupational Health Program

1. In the interests of employees' health and safety, University Human Resources, by and through the Risk Management and Workers' Compensation Division, has established and maintain an Occupational Health (Workers Compensation) Program for employees. The Occupational Health (Workers Compensation) Program is governed by University policy and is established in accordance with the Ohio Workers' Compensation laws prescribed in the Ohio Revised and Administrative Codes that provide for a system for compensating employees who suffer injury or occupational disease in the course and scope of their employment.
2. Accordingly, the University may:
   1. Require a pre-placement medical evaluation for job applicants selected for employment.
   2. Provide, within limitations of the program, medical services for employees who suffer an occupational illness or injury.
   3. Require medical clearance for employees returning to work from an authorized leave of absence.
   4. Require medical clearance for employees returning to work after an extended absence for medical reasons of more than ten (10) consecutive work days or, at the discretion of the University, fewer days.
   5. Require a physical evaluation to assist in proper placement of employees requesting change to a job classification requiring different or increased physical qualifications.
   6. Require medical or fitness for duty evaluation if such evaluation is job-related and consistent with business necessity to meet the essential functions of the position. Such evaluations include: a fitness for duty certification upon an employee's return from leave for health reasons; or if the University has reasonable cause to believe either: (a) due to a medical condition, the employee presents a direct threat or (b) health problems have had a substantial or injurious impact on an employee's job performance.
   7. If an employee reports to work and becomes injured, the employee will be paid for the day.

 Fitness for Duty Examination

1. University reserves the right to have an employee examined by a licensed medical provider chosen by the University for the following reasons: (a) Before permitting an employee to return to work after an illness, injury or disability, (b) If the employee presents a direct threat, or (c) If the University deems employee incapable of carrying out their regularly assigned duties.
2. University shall pay the full cost of any required medical examinations requested by University, including travel to the examination. Employee shall be placed on paid administrative leave upon delivery of the notice of University's request of medical examination up to the date of receipt of the medical findings.
3. Employee shall sign a written authorization for the University to receive a written report from the examiner. This section shall constitute such written authorization in case the employee fails to sign a separate written authorization. Employee will also furnish information and medical documentation releases, if requested, regarding their current healthcare providers so the independent examiner may have access to the employee's medical history. Employee shall receive a copy of the written report. The Employer agrees to keep any report received confidential as a medical record.
4. If the employee disagrees with the medical report, the employee may obtain an independent examination by a licensed medical provider of their own choosing. Any independent report shall be furnished to the Employer, and the employee shall assume the full cost of such examination. In case the two medical reports are opposite in their findings, the two physicians or experts will appoint a third neutral licensed medical provider to issue a report or findings. The parties shall share the expenses of the third physician. The decision of the third examiner shall be binding upon the parties. If employee is unable to return to work or not fit for duty during the additional examinations, Employee shall utilize their personal accumulated leave during the absence.
5. Should the examiner deem the employee to be fit for duty and capable of carrying out their regularly assigned duties, then employee shall return to their regular assignment on the next regularly scheduled workday and the paid administrative leave shall be terminated.
6. Should the examiner deem the employee to be unfit for duty and incapable of carrying out their regularly assigned duties, then employee shall be removed from paid administrative leave and converted to employee's personal accumulated leave or other forms of medical and sick leave in accordance with this Agreement.

Restricted Light Duty

1. Employees on occupational injury leave, sick leave, or experiencing partial disability, may request or be directed to work restricted light duty provided they have written permission from a licensed physician enumerating the specific duties the employee is capable of performing and that the duties performed do not conflict with physician's written orders. The assignment and nature of the light duty assignments and duty hours, including flexplace and flextime arrangements, will be subject to University approval based on the operational needs of the University. The University may have their own physician examine the employee being assigned to a light duty appointment at any time prior to starting their assignment or during such assignments. In these instances, the University physician will make the ultimate decision as to the employee's performance capability. Light duty assignments will not last more than ninety (90) consecutive calendar days in a calendar year, absent mutual agreement of the parties.