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 24.00

Attachment List

• 0311
• 0311

Contract Violations

Holding

GRANTED The Department of Mental Health laid-off the Grievant. Article 18 of the CBAì states that if an Employee is laid off, his seniority in one state positionì gives him recall rights after layoff to the same position in another stateì agency. The Employee would not have to go through a new probationary period.ì However, while the Employer loses the right to a probationary review, theì Employee must keep he prior discipline. Pursuant to Article 18, the Employerì offered the Grievant the position of Maintenance Repair Worker 2, and theì Grievant accepted the position on 7/18/88. The Grievant's prior disciplineì included a 10-day suspension in 4/88 and a last chance agreement. Theì Grievant was removed form his new position on 10/17/88 because he allegedlyì consumed or possessed an intoxicating substance in a state vehicle inì violation of Work Rule A(6) and therefore violated the last chance agreement.ì The Grievant was riding in a state vehicle with a You