Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 24.02, 24.05

Attachment List

• 0302
• 0344

Contract Violations

Holding

AWARD: 302, 344 – MODIFIED: Arbitrability, the Grievant was suspended for 10 days for insubordination when he failed to grant a continuance for a party to a hearing at his supervisor's direct insistence. Grievant was employed as an administrative law judge by the Hazardous Waste Facilities Board, an independent but connected agency to the Ohio EPA. The EPA director, and the HWFB General Counsel directed the grievant to grant the EPA a continuance on a particular matter. The grievant refused and subsequently entered into the record of the pending matter a "Report of Exì Parte Communication" detailing the call received from the EPA director, who also served as chairman of the HWFB. Finding fault on the part of management, and evidence of overreaction on the part of the grievant, the 10 day suspension was reduced to 5 days. The arbitrator expressly declined to rule, on the basis of lack of authority, on the unions claim that the grievant's compliance with the order would have violated State law