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 24.01, 24.02, 24.05, 24.06, 25.03, 25.04, 43.01, 43.03, 43.04

Attachment List

• 0243

Contract Violations

Holding

Grievance was denied The Grievant was employed as a hospital aid at the Cleveland Developmental Center for two and a half years. The Grievant was removed from the Developmental Center for "harmful neglect". On July 12, 1987, the Grievantì was giving a bath to a resident who was blind, retarded, and totally helpless at the Developmental Center. The Grievant left the resident unattended in the bathtub and went to help another resident. While the Grievant was out of the room, the resident in the bathtub became submerged, and had to be given cardiopulmonary resuscitation on the spot. The resident was transferred to Cleveland Metropolitan General Hospital, where he died twelve days later from complications caused by the drowning incident. The Employer argued that the resident died as a direct result of the Grievant's neglect. The Employer said that no reasonable person in the Grievant's position would have left a resident with almost no voluntary muscular control al