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

• 0418

Contract Violations

Holding

MODIFIED. Grievant was removed for patient abuse at the Warrensville Developmental Center. Allegedly, he was choking a client at the institution. The grievant was acquitted of criminal charges in the matter. The results of a criminal proceeding do not bind an arbitrator, but testimony in a criminal trial is admissible for impeachment purposes. The Arbitrator held that "abuse" in 24.01 is the same as in ORC 2903.33 and OAC 5123-3-14. She also held that abuse did not occur in this case. Also, the arbitrator ruled that the pre-discipline notice was defective bacause it referred only to the grid, not the rule violated. The arbitrator held, however, that the Grievant was guilty of poor judgment and should receive a written reprimand.