31.01 Vacancies

A bargaining unit vacancy is defined as a full or part-time permanent position in the bargaining unit which the Employer has determined to fill by promotion, permanent transfer or lateral transfer.

1. A promotion is the movement of a permanent-full or part-time employee to a position in the bargaining unit which is assigned a higher pay range or the movement from part-time to full-time within the same job classification.

2. A permanent transfer is the movement of a permanent full-time employee, within the same job classification, within the same agency; or a movement from one part-time position to another part-time position in the same classification, within the same agency.

3. A lateral transfer is the movement of a permanent, full-time employee to a different job classification within the same pay range within the same division; or the movement from one part-time position to another part-time position in a different job classification within the same pay range, within the same division. All applicants seeking the position of Enforcement Officer will be required to pass a written test and successfully complete all components of the background investigation in order to be considered for Enforcement Officer. Should the screening committee reject an applicant based upon the background investigation, that denial shall not be grievable.

4. An inter-agency transfer, promotion, or voluntary demotion is an employee-requested movement to a posted vacancy in a different agency. Employees who accept an inter-agency movement pursuant to this Article, shall serve an initial probationary period of one year. If the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may remove the employee. The employee may not challenge such removal. Employees removed under this section, at the sole discretion of the former agency, who are subsequently re-employed, shall have the time spent with the previous agency counted as continuous service. Should the employee be selected for an interagency transfer to a position with a higher pay range than that currently held by the employee, the employee shall be placed in the step to guarantee an increase of approximately four percent (4%). Should the employee be selected for an inter-agency transfer to a position in the same pay range currently held by the employee, the employee shall be placed in the same step of the pay range. Should the employee be selected for an inter-agency transfer to a position in a lower pay range than that currently held by the employee, the employee shall be placed in the step closest to the employee’s existing wage rate, but not to exceed the maximum step of the new pay range.

5. Employees who are in a classification outside of those covered by this Collective Bargaining Agreement and who accept a position in a classification covered by this Collective Bargaining Agreement shall serve an initial probationary period. If the employee fails to perform the job requirements of the new position to the Employer’s satisfaction, the Employer may remove the employee. The employee may not challenge such removal. When a vacancy is to be filled through promotion, the Employer shall post notification in a conspicuous manner at the Agency's district office/facility. In the Department of Natural Resources and Public Safety such notices shall be posted agency-wide. Employees who do not report to an office shall continue to receive notification by mail or any appropriate means agreed to by the parties. Active discipline above written reprimands or multiple written reprimands shall be a valid criteria for denial of a transfer, lateral transfer or promotion. Vacancy notices will list the qualifications, abilities, skills and duties as specified by the job description for that position. They shall be posted no later than ten (10) days prior to the closing date for submitting a job application. Full-time employees applying for a full-time vacancy shall be given preference over part-time employees. A vacancy shall first be offered for a permanent transfer by seniority. If the position is not filled by permanent transfer, it shall be offered for lateral transfer based upon criteria pursuant to Article section 31.02. If the vacancy cannot be filled by lateral transfer, it shall then be posted for promotional bid. A vacancy shall be considered as unfilled by permanent or lateral transfer if no qualified bargaining unit member applies. Subsequent vacancies created by transferred or laterally transferred bargaining unit members shall be posted as promotions. If not filled under this provision, the position shall be open for other selection as deemed appropriate by the Employer. Should an initial applicant fail to successfully complete a probationary period or other vacancies occur in the same classification, the Employer may, within one hundred eighty (180) days of awarding the position or the initial vacancy posting, repost or select from the next highest ranked individual for the position from the initial posting. This provision does not supersede local transfer agreements.

31.02 Selection Process

Bargaining unit employees who file timely notice for promotions or transfers shall be considered for the vacant positions. Where examinations are not conducted and where abilities are determined equal, bargaining unit seniority shall be the deciding factor. Affirmative action/equal employment opportunity shall be valid criteria in determining abilities. Bargaining unit members will be polled to select transfer options on regular basis, but no less than annually. Following discussion with the Union, the Employer may poll employees to make such transfer options on a more frequent basis. Bargaining unit members shall be limited to one transfer per year, unless mutually agreed otherwise. Where the new position involves work which varies substantially, or where qualifications aside from the employees current position must be assessed, employees permanently or laterally transferred, will be required to serve a trial period equal to one-half of the regular probationary period for that classification. If the employee fails to perform the job requirements of the new position to the Agency’s satisfaction, the Agency may place the employee back into the position the employee previously held. Employees serving either in an initial probationary period, trial period or promotional probationary period, shall be permitted to bid on job vacancies, but will not be eligible for selection to such vacancy until the completion of their probationary period, unless this limitation is waived by the Employer. The waiver of this restriction and the nonselection of probationary employees shall not be grievable. Selection utilizing this criteria shall be made in the following order:

1. Within the same agency, within the same classification;

2. Within the same division, within the same pay range;

3. By promotion;

a. within the division,

b. within the agency;

4. Within the same agency, within the pay range;

5. From all others. Applicants from Group #4 and 5 who are not selected may only grieve on the basis of non-consideration. Employees who bid shall be given written notification of the results of the selection. The Employer may establish formal competitive examinations for promotions and lateral transfers. The  content areas of examinations will be established by a joint labor/management committee. The Employer and the Union will initiate a statewide Pilot Program to develop criteria for such joint committee efforts. State resources shall be used to develop examinations, including the Ohio Peace Officers’ Training Academy and the Department of Administrative Services. Scoring shall include appropriate credit awarded for educational attainment, bargaining unit seniority, and job performance, as applicable, in addition to the examination results. Employment diversity may be a factor in the selection. This committee shall be established and utilized as soon as possible. The Employer shall certify the names of the employees passing the exam in order of score. The eligibility list will be posted in appropriate locations. The Employer may promote employee with the highest rating first. No rule of three shall apply. The Employer will also establish an interview panel to select candidates for promotional/lateral transfer opportunities. Such panels will be comprised of one member from management, one member from the bargaining unit and one member from the Agency Human Resources Office. The panels shall jointly develop questions and guidelines to be used to grade question responses, which will be used in the interview process. This selection option shall constitute a promotional/lateral transfer examination, and the candidates shall be ranked from lowest to highest for purposes of making a selection for the vacancy, with the highest ranking individual being selected. This ranking shall be valid for up to six (6) months from its origination date provided that all members who will become eligible for promotion or lateral transfer during that period have had the opportunity to complete the selection process. Upon request, examinations and interview assessment tools administered by the Employer pursuant to this Article 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 test.

31.03 Probationary Period

An initial hire into the unit in any classification will result in a one-year probationary period. All promotional probationary periods will be six (6) months. If an employee in an entry-level classification for a division is promoted while in his/her initial probationary period, he/she will be required to complete balance of the initial one-year probationary period or six (6) months, whichever is greater, except for employees promoted from cadet to the Wildlife Officer classification who shall serve an initial probationary period for one-year from the date of the promotion. If an Officer above entry level is in an initial probationary period and is promoted, he/she shall serve the balance of the initial

one-year probationary period or six (6) months, whichever is greater. If an exempt, less than full-time employee, enters the bargaining unit, they shall serve a one-year probationary period. Going from a lesser appointment type to a greater appointment type within the bargaining unit is considered a promotion. Employees serving an initial probationary period are barred from pursuing any disciplinary action or probationary removal through the grievance procedure or the State Personnel Board of Review nor shall such Board receive such an appeal. If the employee fails to perform the job requirements of the new position to the Employer's satisfaction, the Employer maintains the right to return the employee to his/her original classification held previous to the promotion or lateral transfer. Such reduction shall be at the sole discretion of the Employer. Management's decision to return unsatisfactory employees to their original classification during the probationary period shall be grievable at Step 2. This step shall be the final level of review, and shall not be subject to arbitration. If a transfer is required as a result of a probationary reduction, then the transfer will be considered required by the Employer.  All employees shall serve an initial probationary period of one (1) year, regardless of the fact that a pay upgrade, step increase or classification upgrade may occur during that period. An employee’s initial or promotional probationary period may be extended by a period equal to employee leaves of fourteen (14) consecutive days or longer, except for approved periods of vacation leave. E.g., disability leave, adoption/ childbirth, or any other leaves of fourteen (14) consecutive days or longer shall not be counted toward the employee’s initial or promotional probationary period.

31.04 Nepotism

No employee shall be awarded a position where he/she is to be directly supervised by a member of his/her immediate family. “Immediate family” is defined for the purposes of this Section to include: spouse or significant other (“significant other” as used in this Agreement is defined to mean one who stands in place of a spouse and who resides with the employee), child, step-child, grandchild, parent, step-parent, grandparent, great-grandparent, brother, sister, step-sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or legal guardian or other person who stands in the place of a parent.

31.05 Physical Fitness Qualifications

A. The Employer and Ohio Labor Council, Inc. recognize the need for bargaining unit members to maintain minimum physical conditioning due to the nature of the work performed by this bargaining unit. Management will incorporate the “OPOTC Basic Training Program Physical Fitness Standards” into the applicable classifications covered by this Agreement. These minimum fitness standards will be included as minimum qualifications for all applicable Unit 2 classifications in a manner consistent with Section B of this Article. Effective January 1, 2007, the minimum passing standard for employees shall be at the forty (40) percent gradation level, except for new hires at the time of initial employment.

B. Minimum fitness standards shall be in the form of a work rule and the provisions of Article 21 shall be applicable. Management will provide voluntary testing and voluntary compliance of “OPOTC Basic Training Program Physical Fitness Standards” to all employees hired before January 1, 2004. Mandatory testing and mandatory compliance of “OPOTC Basic Training Program Physical Fitness Standards” will be required for all employees hired after January 1, 2004. Departments covered by this Agreement may, at their discretion, opt out from the preceding mandatory testing requirement and offer voluntary testing.

C. All employees successfully completing the minimum standards of the annual physical fitness test shall receive a biweekly fitness allowance of ten dollars ($10.00). Effective July 1, 2007, any employee scoring at the fifty (50) percent graduation level shall receive a bi-weekly fitness allowance of twenty dollars ($20.00) and any employee scoring at the sixty (60) percent graduation level or higher shall receive a bi-weekly fitness allowance of thirty dollars ($30.00). The fitness allowance shall be paid to employees commencing within thirty (30) days subsequent to the successful completion of the fitness test. Employees who are not mandatorily required to take the physical fitness exam will receive the above allowance if they voluntarily take and pass the exam.

D. Any employee who is mandatorily required to take the physical fitness exam and fails shall be allowed to take the exam two (2) additional times within ninety (90) days of taking the initial exam. Failure to pass the exam within this period will result in the employee’s removal. Employees voluntarily taking the exam are not eligible for subsequent testing. Employees who are sick or injured and medically incapable of taking the exam when it is scheduled may, with proper medical reports, be excused from taking the exam during their period of disability, which shall not exceed one (1) year from the date the exam was previously scheduled. The Employer may require an examination from an Employer-appointed physician to verify the medical excuse prior to or as a condition of continuing the granting of the testing delay.

E. The Employer and the Union will establish a joint committee to explore alternative fitness standards. The parties agree that the work of the committee will be completed by December 31, 2010 and any agreed upon alternatives shall be implemented in the subsequent testing period. The topic of voluntary and mandatory testing shall be an appropriate topic for this committee. During the existence of the joint committee, no harm shall come to an employee with an approved medical prohibition to testing. The parties further agree that for the life of the joint committee, those employees who fail to meet testing standards under Section D shall be granted an additional testing opportunity along with an additional thirty (30) days to perform said test prior to the imposition of any discipline.