There’s an update to the battle over emergency pay for OCSEA members who worked during the pandemic. Unfortunately, a Magistrate for Franklin County Common Pleas Court has upheld an Arbitrator’s ruling that rejected OCSEA’s request for emergency pay under Article 13.15 of the Collective Bargaining Agreement. The Magistrate’s decision says, “The Arbitrator did not exceed his powers as defined by the Collective Bargaining Agreement between the parties and applicable law. Nor did the Arbitrator’s award depart from the essence of the Collective Bargaining Agreement.”
“We strongly disagree with both the Magistrate’s and the Arbitrator’s interpretation of the collective bargaining agreement,” said OCSEA President Chris Mabe. “Our members went above and beyond the call of duty to put their health and lives at risk during the pandemic, and they deserve to be compensated. We will not stop fighting for emergency pay through all the legal avenues available to us,” declared Pres. Mabe.
OCSEA filed a grievance and proceeded to arbitration in 2022 after management refused to grant emergency pay. The Arbitrator ultimately agreed with the State’s technical argument that there was never a declaration of a public safety emergency under Article 13.15 (B) and that some or many employees were not furloughed for the duration of the pandemic, therefore he believed the stipend was not applicable.
Attorneys for OCSEA are appealing the Magistrate’s decision to a Franklin County judge. If the judge denies the appeal, OCSEA will proceed with another appeal to the 10th District Court of Appeals.