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Link Contracts Arbitration Agreement

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									                                    State of Ohio
                          Basic Union Contract Information

Under Ohio Revised Code 4117.10, the Office of Collective Bargaining (OCB) is the
state’s principal representative in the negotiation and administration of the collective
bargaining agreements. OCB is a Division within the Department of Administrative
Services. OCB formulates bargaining strategy in conjunction with the Director of DAS,
coordinates mediation and arbitration cases, trains agencies in labor relations delivery
skill sets and compiles and analyzes data for use in future negotiations. In addition, OCB
oversees the implementation and administration of the collective bargaining agreements
and serves as a consultant for agencies upon request. This role requires OCB to act as a
liaison between the agencies and the unions in such activities as labor/management
committees and dispute resolution mechanisms.

Employee Unions and Collective Bargaining Agreements
The state of Ohio has approximately 42,000 unionized employees who are represented by
five unions. The collective bargaining agreements that cover these employees have a
duration of three years. Prior to the expiration date, OCB and the unions conduct
negotiations for a successor agreement. The process for these negotiations is contained in
Ohio Revised Code Section 4117.14. The process begins when one party requests to
bargain not less than 60 days prior to the expiration date of the contract. The unions and
the number of state employees represented as well as information regarding the collective
bargaining agreements by each are attached.

Collective Bargaining Contract Negotiations
The negotiation process involves a series of negotiation sessions between OCB, agency
representatives, and the respective unions. The negotiations cover both statewide and
agency specific issues. If the parties cannot reach an agreement on a new contract, the
Code provides that one of the parties may request intervention from the State
employment Relations Board (SERB). SERB will appoint a fact finder panel to issue a
recommendation on the remaining unresolved issues. The parties may either accept or
reject this recommendation within 7 days after the receipt of the recommendation. If
both parties accept, then the parties execute an agreement in accordance with the
recommendation. If either party rejects the recommendation, the contract will continue
until its expiration. At its expiration, certain public employees may strike by giving ten
days notice to both the State and SERB. The employees listed in Ohio Revised Code
4117.12(D)(1) are prohibited from striking and SERB will appoint a conciliator to decide
any unresolved issues for the parties. The conciliator’s decision is then binding on the
parties, subject to review by the court of common pleas. The parties may bypass the
procedure in Ohio Revised Code 4117.14 by submitting an agreement to SERB to use an
alternative dispute settlement mechanism.

Grievance Procedures
Chapter 4117 of the Ohio Revised Code provides for a broad range of bargaining topics,
including wages, hours, and terms and other conditions of employment, and most
agreements are very specific in the terms that are covered. Each agreement provides for a
grievance process for the resolution of dispute arising under the contract. The final step
of this process is final and binding arbitration. Under these procedures, the state has
participated in a number of arbitrations that further clarify certain rights provided to both
parties under the agreements.

Because the state’s labor agreements’ grievance procedures end in final and binding
arbitration, laws affecting employment are superseded by the terms f the agreement, and
disputes are resolved through the grievance procedure. Thus, the normal civil service
process may be altered by the terms of the agreements, and actions such as selection,
promotion, termination and layoff, must be conducted under the terms of the specific
bargaining agreement.

Exemptions from Bargaining Units
An employer may wish to employ certain staff in positions that are excluded from the
bargaining unit. There are a number classifications in which appointments will normally
be made in a exempt position. However, if the position is not currently exempt, or if the
position is classified in what is normally a bargaining unit classification, then a specific
exemption request must be filed with SERB by the Office of Collective Bargaining.
Exemption categories, normally used for this purpose include supervisory, management
level, fiduciary and confidential. All of these terms have a specific definition under
Section 4117.01, and must be filed at SERB.
                                          OCSEA

        The labor agreement between OCSEA/AFSCME Local 11 and the State of Ohio
is effective March 1, 2006 through February 28, 2009. The OCSEA contract includes
eight horizontal bargaining units covering 34,777 employees across nearly every agency,
board and commission. The OCSEA bargaining units are described below:

Bargaining                  Description                   Statewide        Agency
   Unit                                                   Population      Population
    03       Institutional Security                         8,622
    04       Paraprofessional, Human Services               3,815
    05       Food, Custodian and Laundry Services           1,145
    06       Maintenance and Trades                         2,699
    07       Enforcement, Regulator and Technical           3,675
    09       Administrative Support                         6,947
    13       Engineering and Science                        2,050
    14       Administrative Professionals                   5,824
  Total                                                    34,777

Negotiations with OCSEA for a successor agreement will commence in November, 2008.
The current contract contains many new provisions that better equip agencies to manage
the workforce. Controls on healthcare cost, disability leave reform, and drastic
improvements to management rights are among the most notable provisions. With the
new language come the added challenges of implementing, defending and maintaining
the improvements during the next bargaining cycle.

        During FY 2006, OCSEA bargaining unit members filed a total of 3,644
discipline and issue related grievances. Grievances submitted to alternative dispute
resolution (ADR) mechanisms totaled 1219 cases. The parties directed 38 cases to full
panel arbitration.
                                      SEIU/1199

        The labor agreement between SEIU/District 1199 and the State of Ohio is
effective June 1, 2006 through May31, 2009. The SEIU/1199 contract includes two
horizontal bargaining units covering 4,277 employees in 19 state agencies. The
SEIU/1199 bargaining units are described below:

Bargaining                  Description                   Statewide         Agency
   Unit                                                   Population       Population
    11       Health Care Professionals                      1,880
    12       Social Service Professionals                   2,397
  Total                                                     4,277

        Negotiations with SEIU/1199 for a successor agreement will commence in the
early months of 2009. The current contract contains many new provisions that better
equip agencies to manage the workforce. Controls on healthcare cost, disability leave
reform, and drastic improvements to management rights are among the most notable
provisions. With the new language come the added challenges of implementing,
defending and maintaining these improvements during the next bargaining cycle. In
addition to the “pattern” contractual language and economic terms, which are common to
all union contracts, management has the capability to utilize retention and recruitment
incentives for certain medical field classifications.

        During FY 2006, SEIU/1199 bargaining unit members filed 485 discipline and
issue related grievances. Grievances submitted to alternative dispute resolution (ADR)
mechanisms totaled 300 cases. The parties directed 4 cases to full panel arbitration.
                                          OEA

        The labor agreement between the State Counsel of Professional Educators,
OEA/NEA (OEA) and the State of Ohio is effective July 1, 2006 through June 30, 2009.
The OEA contract includes one horizontal bargaining unit covering 646 employees
across 10 agencies. The OEA bargaining unit is described below:

Bargaining                  Description                   Statewide         Agency
   Unit                                                   Population       Population
    10       Education and Library Science                   646

       Negotiation with OEA for a successor agreement will commence in the spring of
2009. The current contract contains many new provisions that better equip agencies to
manage the workforce. Controls on healthcare cost, disability leave reform, and drastic
improvements to management rights are among the most notable provisions. With the
new language come the added challenges of implementing, defending and maintaining
the improvements during the next bargaining cycle.

                During FY 2006, OEA bargaining unit members filed 42 discipline and
issue related grievances. Grievances submitted to alternative dispute resolution (ADR)
mechanisms totaled 15 cases. The parties directed 2 cases to full panel arbitration.
                                          FOP

        The labor agreement between the Fraternal Order of Police, Ohio Labor Council
(FOP) and the State of Ohio is effective July 1, 2006 through June 30, 2009 (Negotiations
not final as of 9/13/06). The FOP contract includes one horizontal bargaining unit
covering 581 employees across seven agencies. The OCSEA bargaining units are
described below:

Bargaining                  Description                    Statewide        Agency
   Unit                                                    Population      Population
    02       Other Law Enforcement                            581

       Negotiation with the FOP for a successor agreement will commence in the
summer of 2009. The current contract contains many new provisions that better equip
agencies to manage the workforce. Controls on healthcare cost, disability leave reform,
and drastic improvement to management rights are among the most notable provisions.
With the new language come the added challenges of implementing, defending and
maintaining the improvements during the next bargaining cycle.

        During FY 2006, FOP bargaining unit members filed a total of 17 discipline and
issue related grievances. Grievances submitted to alternative dispute resolution (ADR)
mechanisms totaled 0 cases. The parties directed 12 cases to full panel arbitration.
                                     OSTA 1- 15

       The two labor agreements between the Ohio State Troopers Association (OSTA)
and the State of Ohio are effective July 1, 2006 through June 30, 2009 (each subject to a
representation election). Each contract includes one bargaining unit. All 1,734
bargaining unit employees are unique to the Department of Public Safety. The OSTA
bargaining units are described below:

        Bargaining                  Description                     Agency
           Unit                                                    Population
            01       State Highway Patrol and Support                1,447
            15       State Highway Patrol Sergeants                   287
          Total                                                      1,734

       Negotiation with OSTA for successor agreements will commence in the summer
of 2009. The current contract contains many new provisions that better equip agencies to
manage the workforce. Controls on healthcare cost, disability leave reform, and drastic
improvement to management rights are among the most notable provisions. With the
new language come the added challenges of implementing, defending and maintaining
the improvements during the next bargaining cycle. As of this writing (date) negotiations
are underway and have not been concluded. The delay is the result of a representation
challenge and election process initiated under state law by the FOP.


                During FY 2006, OSTA bargaining unit members filed a total of 102
discipline and issue related grievances. Grievances submitted to alternative dispute
resolution (ADR) mechanisms totaled 2 cases. The parties directed 4 cases to full panel
arbitration.

								
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