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

Attachment List

• 0374

Contract Violations

Holding

GRANTED: Despite a poor policy result, Article 27 of the Contract clearly stated that personal leave "shall" be granted and "shall not be reasonably denied," trumping Gallipolis' policy that such leave would be denied if it caused safety problems. Therefore, the Arbitrator had no choice but to grant the grievance. This grievance involved a conflict between Article 27 of the contract and theì personal leave policy of the Gallipolis Developmental Center. The contractì provided that personal leave "shall" be granted- and also that it "shall notì be unreasonably denied". The policy at the institution provided that leaveì would be denied if it would result in "a position of falling belowì life/safety minimums". The grievance was sustained on the basis that theì contract was sufficiently clear and controlling, despite the poor policyì result; because the arbitrator lacked authority to modify the agreement, aì contrary finding was not possible. Grievance granted.