Page 109 - 2016-2021-OSU
P. 109

Article 34

        Grievance and Arbitration Procedure

           §34.1 Definition of Grievance
           (a) A  contract  grievance  is  a  dispute  concerning  the  interpretation,

        application  or claimed violation  of a specific term or provision  of this
        Agreement. Other disputes which do  not  involve the  interpretation,

        application,  or  claimed violation of a specific term  or  provision of this
        Agreement, including matters as to which other  means of  resolution  are

        provided or foreclosed by this Agreement, or by statute or administrative
        procedures  applicable  to  the State,  shall not  be  considered contract

        grievances. A contract grievance does not include matters involving the
        interpretation, application or claimed violation of an agreement reached

        pursuant to any previously authorized departmental negotiations.
           (b) Any  other  dispute  or  grievance  concerning  a  term  or  condition of

        employment which may arise between the parties or which may arise out of
        an action within the scope of authority of a department or agency head and

        which  is  not  covered  by  this  Agreement  shall  be processed up to  and
        including Step 3 of the grievance procedure, except those issues for which

        there  is  a  review  procedure  established by  law  or  pursuant  to  rules  or
        regulations filed with the Secretary of State.

           §34.2 Requirements for Filing Contract Grievances
           (a) A contract grievance shall be submitted, in writing, on  forms to be

        provided by the State.
           (b) Each contract grievance shall  identify the specific  provision of  the

        Agreement alleged to have been violated and shall contain  a short, plain

        statement of the grievance, the facts surrounding it, and the remedy sought.
           (c) CSEA  shall  have  the  right  to  initiate  a  grievance  at  Step  1 which
        involves more than one  employee at that facility or  institution. Such

        grievance shall contain  a  general  description of the  employees involved

        including, if possible, the name of such employees, title and work location.
           (d) Upon agreement of the State and CSEA, CSEA shall have the right to

        initiate at Step 2 a grievance involving employees at more than one facility
        of a department or agency. CSEA shall also have the right, upon agreement

        with the State, to initiate at Step 3 a grievance involving employees at more
        than one department or agency.

           (e) The State shall initiate contract grievances against CSEA at Step 4.


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