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

• 0754

Contract Violations

Holding

AWARD: 0754 GRIEVANT, AN OFFICE ASSISTANT 2 AT THE BUREAU OF DISABILITY DETERMINATION, WAS REMOVED FOR UNAPPROVED ABSENCES, CONVICTION OF A DRUG CHARGE, AND Failure TO REPORT THE CONVICTION IN COMPLIANCE WITH THE STATE'S DRUG-FREE Workplace POLICY. THE UNION ARGUED THAT MANAGEMENT ERRONEOUSLY EXCLUDES R.C. 2925.11(C)(3) And (D) AND CASE STATE VS. WEBER WHICH PROVIDE EXCEPTIONS FOR MINOR MISDEMEANOR CONVICTIONS. MANAGEMENT'S INVESTIGATION WAS NOT CONDUCTED FAIRLY. THEYì TALKED ONLY TO MANAGEMENT PERSONNEL. GRIEVANT HAD A GOOD WORK RECORD, YEARì LONG EAP INVOLVEMENT, AND SUICIDE ATTEMPT. MANAGEMENT ARGUED THAT THE GRIEVANT WAS CONVICTED OF A CRIMINAL DRUG STATUTEì AS A RESULT OF WORKPLACE BEHAVIOR. THE UNION'S RELIANCE ON STATE VS. WEBER IS NOT VALID BECAUSE "WEBER" PREDATES THE ACT AND THUS IS NOT CONTROLLING. ALSO, THE WEBER CASE DOES NOT STAND FOR THE PROPOSITION THAT THE GRIEVANT'S OFFENSE IS NOT A CONVICTION BECAUSE IT IS A MINOR MISDEMEANOR. INSTEAD, THE WEB