STATE OF OHIO STATE EMPLOYMENT RELATIONS BOARD

STATE OF OHIO

STATE EMPLOYMENT RELATIONS BOARD

In the matter of Conciliation between:

OHIO PATROLMEN'S BENEVOLENT

ASSOCIATION,

Labor Organization,

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and

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TRUMBULL COUNTY SHERIFF'S OFFICE,

Public Employer.

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Case No. 2020-MED-04-0405

Date of Award: June 4, 2021

RECEIVED

JUN 0 7 2021

BY: ~

CONCILIATION AWARD

Before Mitchell B. Goldberg, State Appointed Conciliator

Appearances: Dominic D. Saturday, General Counsel, OPBA, and Curtis J. Ambrosy,

Manchester Newman & Bennett, Attorney for the Sheriff's -Office.

I.

lntmductjpn and Backgmund

The State Employment Relations Board ("SERB") appointed the undersigned as the

conciliator of this public employment labor dispute on March 2, 2021 in accordance with Ohio

Revised Code Section 4117.14(D)(1). The parties agreed to schedule a hearing

to resolve the

dispute at the Sheriff's office on May 6, 2021. They filed timely position statements before the

hearing with the Conciliator and served each other in compliance with Ohio Administrative

Code Rule 4117-9-06(E). The Conciliator considered the written Fact Finding Report, issued on

February 5, 2021.

The parties offered oral evidence and submitted documentary exhibits at the hearing.

The decisions herein represent the following final and binding awards on each of the submitted

disputed issues, by selecting from each of the party's final settlement offers on an

issue-by-issue basis. The following awards also considered the factors outlined in Ohio Revised

Code 4117.(G)(7).

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11.

Resolved Issues.

Certain of the issues presented to the Fact Finder were resolved by the withdrawals of

the issues to tie presented to the Conciliator. These include: (1) Article 6 - Sheriff's Proposal on

Negotiation Ground Rules; (2) Article 11 - OPBA's Proposal on Discipline Reckoning Periods; (3)

Article 16 - Sheriff's Proposal on Reducing Compensatory Time Banks; and (4) Article 21 OPBA's Proposal to Add

Yz Day to Holidays. The current

language shall remain in each of these

issues.

Moreover, the parties conducted further negotiations before and during the Conciliation

hearing, and reached tentative agreements (TAs) on three issues that were presented to the

Fact Finder: (1) Article 14 - Grievance Procedure; (2) Article 17 - Shift Bidding/Work Schedules;

and (3) Article 41 - Duration of the Agreement. 1

Accordingly, the final CBA product shall consist of all unchanged language in the current

CBA, all tentative agreements reached between the parties before and during the Conciliation

hearing, and the following decisions based upon' the last final and binding offers on the

remaining disputed issues.

Ill.

lJnreso!ved Issues

(1)

ARTICLE 24 - SICK LEAVE

The Sheriff's offer proposes a change in Section 24.02 in the second sentence, which

states that any employee off sick for more than three (3) consecutive scheduled working days

shall be required to present a return to work form from a licensed doctor to a supervisor upon

return to work. The change would be "for more than two (2) consecutive scheduled working

days." The proposal is based upon evidence that sick leave abuse was found within the

department, one case of which led to an arbitration decision. Its proposal was accepted in four

1 Because the Shift Bidding issue was a material dispute between the parties at the hearing, their. TA is

attached hereto, incorporated herein, and identified as Exhibit "H."

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other bargaining units (Corrections ()fficers, Jail Lieutenants, Sergeants and Lieutenants, and

Clerical/Maintenance/Cooks).

The Union acknowledges that there might be some sick leave abuse within the

department, but it is not a problem within this bargaining unit of Deputies. The Fact Finder

weighed the evidence based upon the fact that the other above mentioned bargaining units

accepted the change. He also found that the employees have more easy access to obtain

doctor's excuses from walk-in medical clinics. He recommended the change.

Award: The Employer's offer is accepted. The language in Section 24.02 shall be changed to

read:

Any employee off work for more than two (2) consecutive scheduled

workdays shall be required to present a return to work form from a

licensed doctor to a supervisor upon return to work.

The entire Article XXIV - Sick Leave provisions in the Employer's last best final offer is

awarded, attached hereto, incorporated herein and identified as Exhibit B.

(2)

ARTICLE 28 - HOSPITALIZATION & INSURANCE

The parties are in agreement with the Fact Finder's recommendation that the

Employee's share of the health care premium shall be eleven (11%) percent of the total

premium. The prior rate was at ten(10%) percent. They disagree, however, as to when the

employees' increases are to begin. The Employer proposes that it would go into effect in the

month immediately following the Conciliator's Award (July, 2021 ). The Union, however,

proposes that the percentage increase should not be increased until January 1, 2022. This is

because this compensation benefit should be aligned with the wage increases that cannot occur

until January 1, 2022, based upon the absence ofa G(11) retroactivity waiver.

Award: The Union's Last Final Best Offer is accepted. The bargaining unit members shall not

be subject to the premium share increase until Januar}i 1, 2022. Section 28.02(G) shall read:

The Employee's share of health care premium shall be eleven

(11 %) percent of the total premium. In addition, the dollar amount

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of the Employees' premium share shall be based on the Employer's

cost of insurance in 2020 and it will be frozen for three years (meaning

through the end of this CBA, July 1, 2020 through June 30, 2023).

(3)

ARTICLE 32 - COMPENSATION

The Union's position for wages under the successor CBA was for 3.5% in year one, and

3.0% in the following two years of the prospective contract. The. Employer was offering 3.5% in

year one, and 0.0% in the remaining years. However, the Employer was offering to pay the

deputies a wage increase of 8.5% to make the deputies whole for the fact that they must pay

their entire pension contribution. The change to the pension article placed the 8.5% wage

increase under the revised pension language under Article 35. This results in the employees

receiving a 12% wage increase under the first year of the CBA. The Employer believes that it

merely front loaded the wages under the CBA, which otherwise would have been an offer of

1.5% in year one, and 1% in years 2 and 3.

The Fact Finder recommended the 12% wage increase in year 1 (8.5% increase under

the pension article, and 3.5% under the Employer's proposal, and 1.0% in years 2 and 3). The

Union's last final offer amends the Fact Finder's recommendation by offering a wage increase to

2% effective July 1, 2022.

Award: The Union's last best offer is awarded. Article 32, as reflected in the Union's last final

offer is incorporated herein, made a part hereof, and identified as Exhibit E.

(4)

ARTICLE 35 - PENSION

The parties agree that the Employer, instead of paying a portion of the Employee's

pension contribution to OPE RS, the employees' wages permit them to contribute the full

amount of their pension contribution to OPERS.

Award: The Employer agreed to permit the Union to amend its last best and final offer, which is

now accepted to read as follows:

35.01 The Employer shall pick up (collect and pay) pension

contributions to the Ohio Public Employees Retirement System

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on behalf of the employees in the bargaining unit using the "salary

reduction method" under the following terms:

a. The Employer will pick up (collect and pay)100% of the

employee's contribution. The employee's annual compensation

will be reduced at no cost to the Employer for federal, state, and

local tax purposes only by an amount equal to the amount picked

up and paid by the Employer.

b. The pick up percentage will apply uniformly to all members

of the bargaining unit.

c. No employee covered under this agreement will have the

option to elect wage increases or other benefits in lieu of the

salary reduction method.

d. Payments on any benefit under this Agreement (including,

but not limited to, sick leave, personal leave, vacation time,

severance pay, unemployment compensation, or worker's

compensation) will be based on the annual gross or daily

gross compensation before the salary reduction occurs.

Exhibit F is attached hereto, and made a part hereof, reflecting the entire article.

(5)

ARTICLE 37 - VACANCIES & PROMOTIONS

The Employer proposes changes in the existing provisions of this article. It

proposes a promotional process whereby 45% of the applicant's score would be determined by

an objective examination, 45% from an evaluation of the applicant's overall performance as a

deputy sheriff by an outside board of experts, and10% on an interview by the Sheriff. The

candidate with the highest score is promoted. The Employer's proposed language changes,

according to the Fact Finder, "most probably takes seniority, job performance, and education ¡¤

into account because the Sheriff must consider these factors when he interviews the

promotional candidates." The Sheriff would have no control over which candidates he

interviews.

The Fact Finder recommended many of the Employer's proposed changes to the current

language. The Union last best final offer represents the changes made by the Fact Finder. After

reviewing the current language, the Employer's proposed changes, and the Fact Finder's

recommended changes, I accept the Employer's last best final offer.

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