Grievance Information Detail
The Grievance was DENIED. The OAC provision which states that an employee in a "no-pay" status is not eligible for holiday pay does not conflict with the current contract between the parties, since no language in the current contract reflects any eligibility requirements whatsoever other than for an individual whose day off falls on a holiday. The language of ORC 4117.10 indicates that where the agreement makes no specifications about a matter, then the applicable law applies. Grievant was in a voluntary, approved leave without pay status on July 3, 1986. Because of OAC 123:1-44-02, grievant was not eligible to receive payment for the July 4th holiday.