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outlined in the Contract, and the case is finally arbitrated, management can argue that you did not adhere to procedure, potentially damaging the case before the arbitrator. Here’s what to do: If a Step 3 meeting is not held within the period required by the Contract, and no written agreement has been made to extend the time periods (see Section 25.05), then the grievance must be immediately appealed to Step 4. An appeal is made by filling out an Appeal and Preparation Sheet and sending it, along with a legible copy of the grievance form. Request a late Step 3 meeting with OCB. (Section 25.02 Step 4). It is also important that management at your agency be informed that their delay will result in your appeal. 7. How do I use the grievance tracking log (See Appendix Q)? The grievance tracking log is a log book which assists stewards and chapter leadership to track the timelines and status of grievances. Therefore, stewards can more readily identify where a grievance is located in the grievance steps and the deadline to move the grievance to the next step. Working-Out-of-Classification Procedure Important Rules to Remember: When processing any grievance, it is important to observe the following basic rules: 1. Closely follow the time requirements outlined in the Contract. Both the Union and management are required to process grievances in a timely manner. Failure to meet a deadline could constitute grounds for an arbitrator to dismiss the grievance without a hearing on the merits. 2. Be prepared. Oftentimes, grievances can be successfully resolved at pre-arbitration stages if the employee and the steward carefully document and investigate the alleged Contract violations and may present a thorough analysis of the Union’s position to the Agency Director or designee at Step 1 of the WOC procedure. 3. File only meritorious grievances. Much time and money is spent in resolving contract disputes. For this reason, it is important that the membership only file grievances, which meet the following criteria: a. The duties that the grievant claims are outside of his/her classification must not appear in the grievant’s current classification concept or classification specification b. The grievant must perform the duties outside of his/her current classification for a minimum of four workdays. c. The grievant must meet the classification concept for the grieved classification and the duties outside of his/her classification must specifically appear in the classification specification for the grieved classification and NOT in the employee’s current classification specification. The classification concept is the short description of the classification, which is listed at the beginning of the classification series purpose. The classification specification is the larger more detailed description of what the classification duties, minimum qualification etc. are. d. The grievant must spend a substantial portion (at least 20% of his/her time of a higher classification and 80% if to a lower classification) performing the duties outside of his/her current classification. e. The duties outside of the employee’s classification must be listed, in detail, on the WOC grievance form. 18
Procedure for Filing a WOC Grievance Before preparing a WOC grievance be sure to obtain a copy of the employee’s current classification specification as well as the classification specification in question and read them carefully. In order to get a copy of the classification specification; the employee must request a copy of the classification specification from a personnel officer. Under Article 19.01, the employer must provide a copy of these specifications. It is important to require the agency personnel officers to fulfill their responsibilities. Classification specifications can also be obtained by going to the OCSEA website (www.ocsea.org). A WOC grievance form MUST be used to file a WOC grievance. This form is different from a regular Article 25 grievance form. Forms are available from the chapter leadership and in Appendix T. The grievance should specifically: 1. List all the duties the employee is performing which are inappropriate to the employee’s assigned classification (i.e. duties not listed in the employee’s current classification but are listed in another classification specification, if the duty falls in both the current classification and the alleged classification that duty would not be considered outside of the employee’s classification). 2. Describe the amount of time spent performing the duties listed in the higher classification (remember that the employee must perform the duties outside of his/her classification for at least 20% {approximately 8 hours of the week}of the grievant’s work time or 80% if grieving a lower classification.) 3. Refer to both the current and grieved classification specification. The grievance must be detailed and refer to the classification specific to which the outside duties belong. NOTE: The type of duties performed by co-workers is not relevant. The WOC grievance is a review of a particular position. It is not a review of one person’s duties in relationship to other positions. It is a review of one person’s job duties in relation to the grieved classification specification. Step 1 – Appeal to Agency Designee If an employee or the Union believes that he/she is performing a substantial amount of duties outside of the employee’s classification specification, either may file a grievance with the Agency Director or designee. An employee may obtain a WOC grievance form from the chapter leadership or copies can be made from Appendix R. After filing a WOC grievance, the agency has 35 calendar days to respond. Although the contract only requires agency management to review written submissions (i.e. the WOC grievance form and any supporting information), the parties may mutually agree to a meeting. The Office of Collective Bargaining (OCB) may also request a meeting. The Office of General Counsel still only has 20 days from the date of the step 1 answer or the date the Step 1 answer was due to appeal the grievance to arbitration. Failure of the chapter to timely notify the Office of General Counsel of a WOC grievance response, or a failure by management to respond may lead to a late demand for arbitration. Step 2 - Arbitration If the WOC grievance has not been resolved through the first step of the WOC procedure, the chapter leadership must appeal the grievance to the OCSEA Office of General Counsel on the 36 th day after the grievance was filed, if no answer was received, or on the day after the Step 1 answer was received, whichever is earlier. The Office of General Counsel will request arbitration upon receiving notification from the chapter leadership that management has responded to the WOC grievance or that 19
Page 1 and 2: A Guide to the Grievance, Working o
Page 3 and 4: Removal Grievance Flow Chart EMPLOY
Page 5 and 6: Appendices A. Grievance Form A2 B.
Page 7 and 8: 7. Identify all persons covered by
Page 9 and 10: 1. The steward and the OCSEA staff
Page 11 and 12: IMPORTANT REMINDERS 1. All grievanc
Page 13 and 14: In order to be the best advocate in
Page 15 and 16: A. Grant the request and delay ques
Page 17 and 18: Also, prior to the pre-disciplinary
Page 19: Yes. Any grievance appealed beyond
Page 23 and 24: 2. Classification specification in
Page 25: whether the proposed assignment is
Page 28 and 29: GRIEVANCE FORM STATE OF OHIO - OCSE
Page 30 and 31: NOTIFICATION OF DESIGNATED STEWARD
Page 32 and 33: Appendix D MEMORANDUM FOR EXTENSION
Page 34 and 35: Appendix F NOTIFICATION LETTER TO G
Page 36 and 37: Appendix H CHAPTER STEWARDS COMMITT
Page 38 and 39: c. ____ Was the disciplinary action
Page 40 and 41: Is the grievance filed within timel
Page 42 and 43: 6. Were the grievant and the select
Page 44 and 45: sets forth unlawful acts by the emp
Page 46 and 47: The Duty of Fair Representation App
Page 48 and 49: Isn’t it better to process every
Page 50 and 51: Reduce Grievance Errors: 4 Checkpoi
Page 52 and 53: OCSEA Grievance Tracking Log Date F
Page 54 and 55: EVALUATING THE MERITS OF A GRIEVANC
Page 56 and 57: Investigate the harm to the grievan
Page 58 and 59: Once facts are collected determine
Page 60 and 61: Interview other employees and super
Page 62 and 63: Appendix U WORKING OUT OF CLASSIFIC
Page 64 and 65: OCSEA agrees to withdraw the aforem
Page 66 and 67: Appendix X Date of Incident 10 Work
Page 69: LOCAL AFL-CIO Ohio Civil Service Em

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