State of Ohio

State of Ohio – Union Chapter News
● Department of Health Field Surveyors Reach and Approve Deal. Surveyors with the Department of Health recently voted to implement a grievance settlement recommended by neutral Mediator and Arbitrator Jack Buettner regarding the use of compensatory time. His official recommendation to the parties stated: “The procedure for the annual vacation canvass shall be continued. The quarterly vacation request procedure shall continue subject to the following modifications: For purposes of clarification regarding Section 15B, the agency will treat compensatory time requests the same as vacation requests.” Field surveyors can now request to use compensatory or vacation leave for shifts in the quarter. This victory is due to the surveyors that stood together and spoke out when the contract was being violated and leave requests denied.

● Educational Development Fund Update. On July 1st, the Educational Development Fund for members of SEIU District 1199 renewed with an additional balance of $750,000 available for reimbursement. As of November 9^th, 53% of the budget and $413,827.86 remains available for reimbursement. This fund was negotiated as a part of the contract and allows reimbursement for approved training and educational expenses. In 2018, members negotiated a substantial increase in funding for the Educational Development Fund as a part of the current contract due to the fact that in previous years the fund had been depleted far in advance of the July 1st renewal date.

● Solidarity Winter Cookout in Columbus. All members of the Union and their family members are invited to a winter solidarity cookout on December 10^th that will be held from 2:00pm to 7:00pm. There will be smoked BBQ and side dishes. We are also asking members to bring a covered dish to share. This event will be held at the SEIU District 1199 office at 1395 Dublin Road in Columbus. Register for this event at this link.

● State Mental Health Worker Successfully Appeals Discipline. A member with the Ohio Department of Mental Health and Addiction Services felt they had been wrongly issued a written reprimand. The member worked with their delegates to file a grievance. After the issue was fully considered, the employer agreed to remove the written reprimand entirely.

● Member Receives Favorable Vacation Time Settlement After Work Injury. A highly dedicated state member was injured during a “code violet.” Due to the injury, the employer required the member to change their shift to an 8 hour light duty shift and use vacation time to make the change in scheduling. The member joined with his delegate to file a grievance. As an outcome of the grievance, the employer agreed to award back the related vacation time. 

● State Worker With Recovery Services Wins Grievance Over Improper Leave Deduction. A member with the Ohio Department of Mental Health and Addiction Services requested two days of personal time, which was approved. After taking the personal time, the member found out that the employer changed the leave request from personal time to sick time. The difference would have meant a reduction in pay for the relevant time. After filing a grievance, the employer agreed to switch back the time and reimburse the member.

State of Ohio – Union Chapter News
The victories shared in this newsletter are the result of members sticking together and working with their delegates, leaders, co-workers, and the Member Resource Center, to actively enforce the contract. These employees believed that their rights had been violated and they stood together as Union members to win fairness. Membership has many benefits and being a member of SEIU District 1199 means having the ability to protect your rights at work. 

● Arbitration Decision Affirms Union’s Long Standing Position. A delegate with the Ohio Department of Youth Services recently worked with the Union to file a related class action grievance and an arbitrator granted the grievance entirely. The arbitration decision concluded that when  a state agency wishes to move employees among units that hold different specific types of patients, it must make such a move by canvassing the employees and using seniority. The exception to this is 24.16 (B), which in certain circumstances allows a state agency to move an employee without canvassing. However, even then, that employee’s former spot must be filled by canvassing and seniority. You can read the arbitration decision here.

●Scholarship Award Winners Announced. The Union recently announced scholarship award winners for the year. Scholarship recipients included members and related students with the Ohio Department of Job and Family Services, the Ohio Department of Rehabilitation and Correction, the Ohio Department of Health, the Ohio Bureau of Workers’ Compensation, and the Ohio Department of Mental Health and Addiction Services. View the list of scholarship winners.

● Parole Officer Successfully Appeals Leave Conversion Error. A member with the Adult Parole Authority converted paid time off to sick time but hours were exchanged in error. The member immediately contacted human resources, which assured the member that they would help make them whole. The Department of Administrative Services later stated they would not fix the error. The Union worked to bring the issue to arbitration and the grievance was settled by issuing a payment for hours that had been unintentionally converted.

● State Member Issued Time For Coursework After Grievance. A member with the Ohio Department of Job and Family Services requested paid time off for course work, as outlined by the contract in Article 23.04 but was denied. The member filed a grievance and a settlement was offered before the grievance advanced to arbitration. The settlement included retroactive time off dating back to the start of the academic semester.

● State Nurse Successfully Appeals Disciplinary Fine. A state member with the Ohio Department of Rehabilitation and Correction received a 2-day fine for completing safety checks and having another nurse document them or documenting safety checks performed by another nurse. The member contacted the Union to file a grievance, as this was a widely accepted practice. The State of Ohio agreed to refund the fine and remove the discipline at the end of the year. 

● Mental Health Worker Returns to Old Schedule After Change in Hours. A member with the Ohio Department of Mental Health and Addiction Services works 12 hour shifts. The member was moved from 1^st shift to 2^nd shift and found no resolution. At the same time, the member saw that there was still a need for staff on her old shift. In a settlement, the employer agreed to return the member to the old shift and cited the change in hours as temporary.

SEIU District 1199 Union Member Benefits Program
Membership with SEIU District 1199 includes membership with three member benefit programs. Those programs include Union Plus, SEIU Member Benefits, and the SEIU District 1199 WV/KY/OH Membership Card. SEIU Member Benefits has also partnered with Eastern Gateway Community College, which is a part of the University of Ohio System, to offer a free college benefit. For details visit: seiu1199.org/mrc/your-benefits-as-a-member

Member Resource Center – State of Ohio Chapter

The Member Resource Center has provided assistance to a substantial number of members with the State of Ohio. Members have stood with their co-workers to win grievances, which relate to workplace health and safety, protection of the public, and fundamental fairness, among other issues. Representatives with the Member Resource Center are standing by to assist members. “Your Member Resource Center Has Your Back!”

State of Ohio – Union Chapter News

● Landmark Arbitration Decision on Movement of Staff. A Psychiatric/DD Nurse at ODRC who works in the outpatient unit filed a grievance after she was pulled to work in the RTU over a less senior Psych/DD Nurse. Management argued that it had the right to reassign the nurses to various units within the department without considering seniority because the entire department was one work area. The Union argued that each unit made up a separate work area, and in order to pull someone from one unit to another, the manager had to first ask for volunteers, and if no one volunteered, seniority should be recognized. Arbitrator Goldberg agreed with the Union and sustained the grievance.

● Educational Development Fund Update. On July 1st, the Educational Development Fund for members of SEIU District 1199 renewed with an additional balance of $750,000 available for reimbursement. As of September 14^th, 33% of the budget had been expended and $521,618 remained. This fund was negotiated as a part of the contract and allows reimbursement for approved training and educational expenses. In 2018, members negotiated a substantial increase in funding for the Educational Development Fund as a part of the current contract due to the fact that in previous years the fund had been depleted far in advance of the July 1st renewal date.

● OPERS Proposes Cuts for Future State Workers and Retirees. It was recently reported publicly last that OPERS is considering a range of changes and potential cuts. New public employees who start employment after January 1, 2022, would need to reach 62 and have 35 years of service to receive full pension benefits. The OPERS Board of Trustees has also voted to freeze cost of living adjustments (COLA) in 2022 and 2023. Additionally, the OPERS Board of Trustees is considering changes to retiree healthcare benefits. We understand the concerns of retirees and state workers and are evaluating these proposed changes. 

● State Members Reach Successful Outcome Over Scheduling Changes. Three nurses with the Ohio Department of Youth Services believed their schedules were being changed to avoid the payment of overtime. A nurse filed a grievance on behalf of himself and two co-workers. The state has ceased the scheduling practice that led to the initial grievance. The three members were awarded 8 hours of compensatory time each.

● Adult Parole Authority Member Awarded Job Transfer. A member with the Adult Parole Authority learned that a position in another county had been posted but an internal canvass had not been conducted. The member worked with their delegate to file a grievance and was quickly awarded the position that should have been filled through an internal canvass.

● State Nurse Acts to Protect Safety and Quality Care. A member with the Ohio Department of Mental Health and Addiction Services was mandated to work overtime but had already worked two double shifts in the previous two days. The member believed that this was hazardous both as a worker and for the clients in their care. The member filed a grievance with the assistance of their delegate on the basis that being mandated to work this overtime was a violation of an agency-specific agreement and a negotiated cap on consecutive overtime. In a settlement, the agency agreed to follow agency-specific language which had previously set the overtime cap.

● State Nurse Returns To Work With Full Back Pay After Arbitration Ruling. A nurse who had been terminated by the Department of Rehabilitation and Correction in 2017 was cleared by an arbitrator to return to work. The member was accused of failing to document food intake in an electronic system. However, an independent review had substantiated concerns about arbitrary data loss in that same system. The employer was also unable to show just cause in the termination of the member, who had worked for ODRC since 2006. The arbitrator ruled that the member should be “made whole” and that there was no evidence of “alleged violations of policy.”