The Employer and the F.O.P. Ohio Labor Council 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. The procedure shall be available to all bargaining unit employees and no reprisals shall be taken against an employee initiating or participating in the grievance procedure. The grievance procedure shall be the exclusive method of resolving both contractual and disciplinary grievances.

1. A grievance is an alleged violation, misinterpretation or misapplication of a specific article(s) or section(s) of this Agreement.

2. Disciplinary Grievance refers to a grievance involving a verbal reprimand, written reprimand, suspension, removal or a reduction in pay and/or position. Grievances concerning suspensions, removals, or reduction in pay and/or position shall be initiated at Step 2 of the grievance procedure.

3. Day, as used in this Article, means calendar day.  The days and times shall be computed by excluding the first and including the last day, except when the last day falls on Saturday, Sunday or legal holiday, the act may be initiated on the next succeeding day which is not a Saturday, Sunday or legal holiday.

4. An F.O.P. Representative is an Associate or an F.O.P. staff representative.

The Labor Council shall not attempt to process or solicit as grievances matters which do not constitute an alleged violation of this Agreement.  Initial probationary employees shall not have access to the disciplinary grievance procedure.

The grievant shall cite on the grievance form the specific article(s) and/or section(s) or combination thereof that the grievant alleges to have been violated. Failure to cite said provision(s) shall relieve the Employer of any obligation to process the grievance.

A grievance may be initiated 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 members desires to file a grievance involving an alleged violation which affects more than one member in the same manner, the grievance may be filed by the F.O.P. Ohio Labor Council provided that at least one member so affected signs the grievance. Grievances so initiated shall be designated Class Grievances. The title on the grievance shall bear the name of the one (1) affected member plus the designation `et al'. Class Grievances shall be filed within twenty (20) days of the date on which any of the like affected grievants knew or reasonably could have had knowledge of the event giving rise to the class grievance.

When a decision has been accepted by the appropriate parties at any step of this grievance procedure, it shall be final and no further use of this grievance procedure shall take place.

The parties intend that every effort shall be made to share all relevant and pertinent records, papers, data and names of witnesses to facilitate the resolution of grievances at the lowest possible level. The following are the implementation steps and procedure for handling grievances:

An employee having a grievance shall present it to his/her immediate supervisor within twenty (20) days of the date on which the grievant knew or reasonably should have had knowledge of the event giving rise to the grievance. The grievance at this step shall be submitted to the immediate supervisor in writing using a form mutually agreed upon by the parties. The immediate supervisor shall have responsibility to immediately contact appropriate supervisors to schedule a grievance hearing.  Grievances submitted beyond the twenty (20) day time limit will not be honored. The grievance forms may be obtained at each facility. On this form, the grievant shall specify the article(s) and/or section(s) or combination thereof of the Agreement which he/she alleges has been violated, and specify the remedy sought. The immediate supervisor shall indicate the date and time of his/her receipt of the form.  Within twenty (20) days of the supervisor's receipt of the written grievance, he/she shall schedule a meeting with the grievant and the appropriate management personnel, as needed, to discuss the grievance. An F.O.P. Ohio Labor Council representative shall attend this meeting. He/she may represent the grievant unless requested not to do so by that person. Management's representative shall respond to this grievance by writing his/her answer on the grievance form and returning a copy to the grievant and a copy to the F.O.P. Ohio Labor Council within twenty (20) days of the meeting required above. Meetings will ordinarily be held at the worksite in as far as practicable. In the ODNR, Division of Parks and Recreation, the Step 1 hearing on grievances involving verbal reprimands shall be conducted by the chief of the division, or designee, who is from outside the park of origin.

Should the grievant not be satisfied with the written answer received in Step 1, within twenty (20) days after receipt thereof, the grievant or at his/her request the F.O.P. Ohio Labor Council may appeal the grievance to the Director or his/her designee and request that the meeting contemplated by this Step be scheduled by mailing or otherwise delivering a copy of the grievance form to the Director or his/her designee. Upon receipt of the grievance, the Director or his/her designee shall schedule a meeting to be held within twenty (20) days to discuss the grievance. Where available and at the Employer’s option, this meeting may be held via telephone conference call or by other electronic communication. An F.O.P. representative shall attend this meeting. He/she shall represent the grievant, unless such representation is not desired. The Director or his/her designee shall render a decision in writing and return a copy to the grievant and the F.O.P. Ohio Labor Council within twenty (20) days after the meeting with the grievant.

If the F.O.P. Ohio Labor Council is not satisfied with the answer at Step 2, it may submit the grievance to arbitration under the provisions of Section 20.08 of this Article, by written notice to the Deputy Director of the Office of Collective Bargaining within twenty (20) days after receipt of the Step 2 decision.

Subsequent to the filing of the grievance, all notices required during the grievance and arbitration procedure may be made via e-mail with an e-mail receipt proving that notification occurred.

The parties will select six (6) individuals as the permanent arbitrators, who will decide all contract disputes for the life of the Agreement. An arbitrator shall serve for the duration of this Agreement, unless he/she is unable to serve or his/her services are terminated earlier by mutual agreement of the parties. The arbitrator shall be notified of his/her termination by a joint letter from the parties. The arbitrator shall conclude his/her services by responding to any grievances previously heard. A successor arbitrator shall be selected by the parties within thirty (30) days after the resignation or termination of the arbitrator.

Should the parties be unable to agree on any of the other details of the arbitration process, all unresolved questions shall jointly be submitted to an arbitrator, for resolution, whose decision will be binding on the parties.

Rules applicable to this Article shall be based, insofar as is practical, on the Voluntary Rules of the American Arbitration Association.

The Employer agrees to allow witnesses time off with pay at the regular rate to attend the arbitration hearing. The Associate may be allowed time off, from his/her regular duties to attend an arbitration hearing, provided he/she is utilized as a relevant witness with the direct testimony to the issue of the arbitration.

a. All other fees and expenses of the arbitrator will be equally divided between the parties.

b. If one (1) party desires a transcript of the proceedings, the total cost for such transcription shall be paid by the party desiring the transcript. If the other party desires a copy, then the total cost for such transcription shall be shared equally by both parties. The parties agree that normally transcripts will not be requested.

c. All other costs incurred by the parties will be paid by the party incurring the costs.

The arbitrator shall render his/her decision as quickly as possible, but in any event, no later than forty-five (45) days after the conclusion of the hearing unless the parties agree otherwise. The arbitrator shall submit an account for the fees and expenses of arbitration. The arbitrator’s decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issue submitted to arbitration.  The arbitrator’s decision shall be final and binding upon the Employer, the F.O.P. Ohio Labor Council and the employee(s) involved, provided such decisions conform with the Law of Ohio and do not exceed the jurisdiction or authority of the arbitrator as set forth in this Article. The grievance procedure shall be the exclusive method for resolving grievances.

The parties may request that the arbitrator, on a case by case basis, retain jurisdiction of a specific case. In that the parties are using a permanent arbitrator, questions of clarifications of awards will normally be submitted to that arbitrator without the necessity of a further grievance or action. This statement, however, does not limit the ability of either party to exercise any other legal options they may possess.

Only disputes involving the interpretation, application or alleged violation of a provision of this Agreement shall be subject to arbitration. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall the arbitrator impose on either party a limitation or obligation not specifically required by the language of this Agreement. Employees who are terminated and subsequently returned to work without any discipline through arbitration, shall have the termination entry on their Employee History on Computer (EHOC) stricken.

a. The arbitrator shall have authority to subpoena witnesses pursuant to Section 2711.06 of the Ohio Revised Code. Upon receiving a request to issue a subpoena(s), the arbitrator shall contact the other party and hear and consider objections to the issuance of said subpoena(s). The arbitrator shall not subpoena persons to offer repetitive testimony.

b. When the arbitrator determines that so many employees from the same facility have been subpoenaed that it would impede the ability of the Employer to carry out its mission or inhibit the Employer's ability to conduct an efficient operation, he/she shall make arrangements to take the desired testimony in such manner as will not cause these problems.

c. Where the intent of the parties is determined to be relevant, no more than one (1) member of either bargaining committee may be called as a witness by a party per agreement. Thus, if more than one agreement is submitted as evidence either party may call only one intent witness per agreement.

Five (5) days prior to the start of an arbitration hearing under this Article, the parties shall deliver the names of all witnesses to each other. Where either party will make an issue of “intent,” that party will notify the other party ten (10) days prior to the hearing. Examinations and interview assessment tools shall be released only to a Union designee who is not an employee of the State of Ohio that will use a review process that assures maintenance of security and integrity of the examination.

Prior to the start of an arbitration under this Article, the Employer and the F.O.P. Ohio Labor Council shall attempt to reduce to writing the issue or issues to be placed before the arbitrator. In cases where such a statement of the question is submitted, the arbitrator’s decision shall address itself solely to the issue or issues presented and shall not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute which is not specifically related to the submitted issue or issues. More than one issue may be submitted at the same time to arbitration, particularly if they are related to each other, by mutual agreement.

9. All arbitrations shall be scheduled at a time and place mutually agreed to by the parties. Any disputes over time or place will be decided by the arbitrator.

1. An employee with a grievance involving a suspension, fine, demotion, or discharge shall file his/her grievance at the Step 2 level within twenty (20) days of notification of such action.

2. Verbal and written reprimands shall be grievable.  Verbal reprimands shall be grievable through Step 1 which shall be the final level of review. Written reprimands shall be grievable through Step 2 which  shall be the final level of review. Verbal and written reprimands shall not be subject to arbitration under this Agreement.

3. In cases involving termination for dishonesty or making false statements, if the arbitrator finds dishonesty occurred or false statements were made, the arbitrator shall not have authority to modify the disciplinary action.

1. This procedure may be utilized for all disciplinary suspensions of ten (10) workdays or less.

2. Other disciplinary cases may be held pursuant to this procedure by mutual agreement.

3. The parties may utilize notarized statements from witnesses which shall be received by the arbitrator and considered as evidence. Such witness statements shall be exchanged at least five (5) days prior to the scheduled hearing. Any party wishing to crossexamine on the contents of a notarized statement shall request the voluntary appearance of the witness.  The party receiving the request shall either produce the witness or ask the arbitrator to resolve any difference regarding such appearance.

4. If witnesses are used to present facts, no more than three (3) per side may be called, except by mutual agreement. The parties may call rebuttal witnesses. If there is a dispute regarding the appearance of witnesses, it shall be resolved by the permanent arbitrator.

5. On the day of the hearing, the arbitrator shall consider the arguments of the representatives of each party and any witness testimony or notarized statements. Documents may be entered by either side without the necessity of identification by a witness.

6. No briefs shall be used.

7. Both parties hereby waive the right accorded by Ohio Revised Code Chapter 2711 to appeal these expedited decisions to court and agree that this section shall be asserted as a valid defense to any such appeal.

1. In each step of the grievance procedure outlined in this Article, certain specific F.O.P. Ohio Labor Council representatives are given approval to attend the meetings therein prescribed. It is expected that, in the usual grievance, these plus the appropriate Employer representatives will be the only representatives in attendance at such meetings.  However, it is understood by the parties that, in the interest of resolving grievances at the earliest possible step of the grievance procedure, it may be beneficial that other representatives or witnesses, not specifically designated be in attendance. Therefore, it is intended that either party may bring additional representatives or witnesses to any meeting in the grievance procedure, but only upon advance mutual agreement among the parties specifically designated to attend providing such additional representatives have input which may be beneficial in attempting to bring resolution to the grievance. Such witnesses shall be allowed time off with pay from their regular duties for attendance at such meetings.

2. The grievant and the Associate shall be allowed time off with pay at regular rate from regular duties for attendance at scheduled meetings under the grievance procedure. The grievant and the Associate will not receive overtime pay to engage in grievance activities provided herein; however, grievance meetings shall usually be held during normal working hours. 

3. Employees shall have the right of F.O.P. Ohio Labor Council representation upon request at each step of the grievance procedure. The F.O.P. Ohio Labor Council shall be the exclusive representative of the employee in all matters pertaining to the enforcement of any rights of the employee under the provisions of the Article.

4. A Labor Council associate or an alternate may attend at the Union's discretion, the meetings scheduled at each step of the grievance procedure. 

5. In the event an employee refuses or fails to attend a mediation/arbitration hearing, the Union must, except in extraordinary circumstances, proceed with the hearing or withdraw the grievance.

1. The grievant or the F.O.P. Ohio Labor Council representative and management, may mutually agree, at any step, to a time extension, but such agreements must be in writing and signed by both parties. Any step in the grievance procedure may be skipped by mutual consent, written and signed by both parties. Approved leave with pay shall constitute an automatic time extension to the grievant with respect to such days. In the absence of such mutual extensions, the grievance will, at any step where response is not forthcoming within the specified time limits, automatically be considered submitted to the next successive step in the grievance procedure.  Should the grievant or F.O.P. Ohio Labor Council fail to comply with the time limits specified herein, the grievance will be considered to have been resolved in favor of the position of the Employer and that decision will be final. In the event the Union fails to advance a grievance to arbitration when there are no criminal charges pending on the matter, within one–hundred-eighty (180) days of the arbitration request, the case shall be scheduled for arbitration by the Office of Collective Bargaining unless mutually agreed otherwise. Absent a mutual agreement, either party’s failure to attend the hearing will result in the grievance being decided in favor of the appearing party.  Except as provided above, grievances must be processed by the Employer whether or not grievants or representatives attend the meetings provided for in this Article in accordance with the time limits set out herein. The parties agree, however, that absent extenuating circumstances a Labor Council Representative and the grievant must be present at an arbitration hearing to have the arbitrator consider a grievance on its merits.

2. By mutual consent, the parties may waive a hearing and submit the issue on written materials only. By mutual consent the parties may alter any of the procedures set forth in this Article, or agree to submit non-disciplinary grievances to the expedited procedure provided for disciplinary grievances.

3. At any step in this grievance procedure, the F.O.P. Ohio Labor Council shall have the final authority, in respect to any aggrieved employee covered by this Agreement, to decline to process further a grievance, if, in the judgment of the F.O.P. Ohio Labor Council, such grievance lacks merit or justification under the terms of this Agreement, or has been adjusted or rectified under the terms of this Agreement to the satisfaction of the F.O.P. Ohio Labor Council.

20.13 Election of Remedies

Any employee who elects to pursue any claim through a lawsuit or administrative procedure shall thereafter be precluded from processing the same or similar claim as a grievance hereunder, except as may be prohibited by federal law.

If both parties to this Agreement concur, the procedures provided in this Article 20 may be modified or replaced in whole or in part by a grievance mediation/resolution procedure except that any such procedure must provide for definitive and binding resolution of the issues presented thereby. No such procedure shall be effective unless and until it is reduced to writing and signed by the Director of the Office of Collective Bargaining and the Executive Director of the Labor Council. Additionally, the parties may consider alternative dispute resolution (ADR) procedures and/or pilot programs to improve the quality, cost and timeliness of dispute resolution. Grievances appropriate for alternative procedures will include minor suspensions and/or grievances arising over denial of leave, and will require mutual agreement before assignment to ADR.