ARBITRATOR’S OPINION. The arbitrator will render a decision in writing within thirty (30) days of the close of the hearing or receipt of both parties’ briefs, whichever date is later; provided that the parties may extend the 30-day limit by mutual agreement. The arbitrator’s decision will be final and binding. Arbitration awards will in no case be made retroactive
ARBITRATOR’S OPINION. There is just cause for removal. The grievant's claim that the falsifications were attempts to inform the employer of the seriousness of his condition is not credible. He could have simply told the employer. Therefore, he did intend to deceive the employer. The grievant was dishonest. The fact that the employer did not tell the grievant the charges immediately upon their discovery did not prejudice him. His answers to the charges would be no different if he would have been told earlier, therefore, no procedural error is present. No cases cited by the grievant prove disparate treatment and there are no mitigating circumstances present. The union attempted to submit as evidence of disparate treatment, a settlement agreement for the six day suspension of another employee who had a record similar to that of the grievant. The arbitrator held that the settlement agreement carried no weight in his decision because the state has the discretion to enter into a settlement agreements based on the facts of a particular case. AWARD: Grievance denied.
ARBITRATOR’S OPINION. Under the policy of the Warrensville Developmental Center, an employee may be terminated for being absent without leave, even in circumstances where the violation is the grievant's first offense. Based on the facts, the grievant was obligated to inform her employer of her absence and since she did not inform her employer until July 15 that she would be absent until July 26, she violated the employer's policy on sick leave and absenteeism. The grievant, in turn, violated the Last Chance Agreement, based on the policy violation. Since the grievant and the employer agreed to the terms of the Last Chance Agreement, the employer had just cause to discharge the grievant. AWARD: The grievance is denied. TEXT OF THE OPINION: In the Matter of Arbitration Between OCSEA/AFSCME Local 11 and The State of Ohio, Department of Mental Retardation and Developmental Disabilities Case Number: 00-00-(000000)-000-00-00 Before: Xxxxx Xxxxxx Appearances: For OCSEA/AFSCME Local 11: Xxxxxx Xxxxxxxx Staff Representative OCSEA/AFSCME Local 11 1680 Watermark Dr. Columbus, OH. 43215 For Department of MR/DD: Xxxxxxx X. Xxxxxxx Labor Relations Coordinator Department of MR/DD 00 Xxxx Xxxxx Xx., Xxxxx 0000 Columbus, OH. 43266-0415 Introduction: Pursuant to the procedures of the parties a hearing was held in this matter on September 28, 1994 before Xxxxx Xxxxxx. At that hearing the parties were provided complete opportunity to present testimony and evidence. The record in this dispute was closed at the conclusion of oral argument.
