As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 242

Representative Brinkman 

Cosponsors: Representatives Adams, Wachtmann 

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A BILL

To amend sections 9.81, 4113.02, 4117.03, 4117.05,

1

4117.09, and 4117.11; to amend, for the purpose of

2

adopting a new section number as indicated in

3

parentheses, section 4113.02 (4119.04); and to

4

enact sections 4117.031, 4117.081, 4119.01,

5

4119.02, 4119.03, 4119.05, 4119.06, 4119.07, and

6

4119.99 of the Revised Code to remove any

7

requirement under the Public Employees Collective

8

Bargaining Law that public employees join or pay

9

dues to any employee organization, to expand the

10

scope of unfair labor practices under that law, to

11

make other changes in the Public Employees

12

Collective Bargaining Law, to prohibit any

13

requirement that employees of private employers

14

join or pay dues to any employee organization and

15

to require public and private employers to post

16

notices to that effect, to prohibit certain

17

actions by private employers relative to employee

18

organization membership, and to establish civil

19

and criminal penalties against private employers

20

who violate those prohibitions.

21

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 9.81, 4113.02, 4117.03, 4117.05,	22
4117.09, and 4117.11 be amended; section 4113.02 (4119.04) be	23
amended for the purpose of adopting a new section number as	24
indicated in parentheses; and sections 4117.031, 4117.081,	25
4119.01, 4119.02, 4119.03, 4119.05, 4119.06, 4119.07, and 4119.99	26
of the Revised Code be enacted to read as follows:	27

Sec. 9.81.  After an authorization adopted under section 9.80	28
of the Revised Code, any public officer or employee of any	29
department or division of the state, any political subdivision or	30
school district thereof, or of any institution supported in whole	31
or in part by the state, a county, or municipal corporation, who	32
desires to make a contribution by the payroll deduction plan to	33
one or more of the specified charitable agencies which are	34
corporations not for profit, community chests, united funds, or	35
other similar united community fund organizations, may be	36
permitted to have such contribution payments deducted from the	37
salary or wages due such public officer or employee by filing a	38
written request and authorization signed by such public officer or	39
employee and specifying the amount of the deduction in each	40
payroll period with the fiscal officer of the state, political	41
subdivision, or school district, or institution by which such	42
public officer or employee is employed. Such authorization may be	43
withdrawn in writing by such public officer or employee at any	44
time. No funds may be withheld from the salary or wages of any	45
such public officer or employee for the purposes permitted by	46
sections 9.80 and 9.81 of the Revised Code unless the withholding	47
is specifically, freely, and voluntarily authorized by that public	48
officer or employee in writing.	49

Upon receipt of evidence of such request by the appropriate	50
fiscal officer, or upon receipt of a written deduction	51
authorization under division (B)(2) or (C) of section 4117.09 of	52
the Revised Code, such fiscal officer shall make such deduction	53
and shall, at periodic intervals to the extent of the amount	54
collected, pay the designated charitable agencies which are	55
corporations not for profit, community chests, united funds, or	56
other similar united community fund organizations, or the	57
exclusive representative designated under section 4117.05 of the	58
Revised Code.	59

Sec. 4117.03.  (A) Public employees have the right to:

60

(1) Form, join, assist, or participate in, or refrain from	61
forming, joining, assisting, or participating in, except as	62
otherwise provided in Chapter 4117. of the Revised Code, any	63
employee organization of their own choosing;	64

(2) Engage in, and refrain from engaging in, other concerted	65
activities for the purpose of collective bargaining or other	66
mutual aid and protection;	67

(3) Representation by an employee organization;

68

(4) Bargain collectively with their public employers to	69
determine wages, hours, terms and other conditions of employment	70
and the continuation, modification, or deletion of an existing	71
provision of a collective bargaining agreement, and enter into	72
collective bargaining agreements;	73

(5) Present grievances and have them adjusted, without the	74
intervention of the bargaining representative, as long as the	75
adjustment is not inconsistent with the terms of the collective	76
bargaining agreement then in effect and as long as the bargaining	77
representatives have the opportunity to be present at the	78
adjustment;	79

(6) Refuse any representation by an exclusive representative	80
or an employee organization;	81

(7) Authorize their public employers to deduct from their	82
wages, earnings, or compensation any dues, fees, assessments, or	83
other charges of any kind to be held for or paid over to an	84
exclusive representative. The authorization shall be in writing	85
and signed by the employee.	86

(B) Persons on active duty or acting in any capacity as	87
members of the organized militia do not have collective bargaining	88
rights.	89

(C) Except as provided in division (D) of this section,	90
nothing in Chapter 4117. of the Revised Codethis chapter	91
prohibits public employers from electing to engage in collective	92
bargaining, to meet and confer, to hold discussions, or to engage	93
in any other form of collective negotiations with public employees	94
who are not subject to Chapter 4117. of the Revised Codethis	95
chapter pursuant to division (C) of section 4117.01 of the Revised	96
Code.	97

(D) A public employer shall not engage in collective	98
bargaining or other forms of collective negotiations with the	99
employees of county boards of elections referred to in division	100
(C)(12) of section 4117.01 of the Revised Code.	101

(E) Every public employer that receives a written	102
authorization from a public employee pursuant to division (A)(7)	103
of this section shall promptly notify the employee, in writing,	104
that the employee may revoke the authorization at any time by	105
providing the employer with a written notice of the revocation.	106
The revocation becomes effective thirty days after the public	107
employer receives the revocation.	108

Sec. 4117.031.  No public employer shall do any of the	109
following:	110

(A) Require any person, as a condition of employment or of	111
the continuation of employment, to become or remain a member of	112
any exclusive representative;	113

(B) Require any person, as a condition of employment or of	114
the continuation of employment, to pay any dues, fees,	115
assessments, or other charges of any kind, including fair share	116
fees, to an exclusive representative unless the person is a member	117
of that exclusive representative;	118

(C) Require any person engaged in agricultural labor to be	119
referred, recommended, or approved by an exclusive representative	120
as a condition of employment or of the continuation of employment;	121

(D) Deduct from the wages, earnings, or compensation of any	122
public employee any dues, fees, assessments, or other charges of	123
any kind, including fair share fees, to be held for or paid over	124
to an exclusive representative unless the public employer first	125
receives a written authorization for those deductions in	126
accordance with division (A)(7) of section 4117.03 of the Revised	127
Code.	128

Sec. 4117.05.  (A) An employee organization becomes the	129
exclusive representative of all the public employees in an	130
appropriate unit for the purposes of collective bargaining by	131
either:	132

(1) Being certified by the state employment relations board	133
when a majority of the voting employees in the unit select the	134
employee organization as their representative in a board-conducted	135
election under section 4117.07 of the Revised Code;	136

(2) Filing a request with a public employer with a copy to	137
the state employment relations board for recognition as an	138
exclusive representative. In the request for recognition, the	139
employee organization shall describe the bargaining unit, shall	140
allege that a majority of the employees in the bargaining unit	141
wish to be represented by the employee organization, and shall	142
support the request with substantial evidence based on, and in	143
accordance with, rules prescribed by the board demonstrating that	144
a majority of the employees in the bargaining unit wish to be	145
represented by the employee organization. Immediately upon receipt	146
of a request, the public employer shall either request an election	147
under division (A)(2) of section 4117.07 of the Revised Code, or	148
take the following action:	149

(a) Post notice in each facility at which employees in the	150
proposed unit are employed, setting forth the description of the	151
bargaining unit, the name of the employee organization requesting	152
recognition, and the date of the request for recognition, and	153
advising employees that objections to certification must be filed	154
with the state employment relations board not later than the	155
twenty-first day following the date of the request for	156
recognition;	157

(b) Immediately notify the state employment relations board	158
of the request for recognition.	159

The state employment relations board shall certify the	160
employee organization filing the request for recognition on the	161
twenty-second day following the filing of the request for	162
recognition, unless by the twenty-first day following the filing	163
of the request for recognition it receives at least one of the	164
following:	165

(i) A petition for an election from the public employer	166
pursuant to division (A)(2) of section 4117.07 of the Revised	167
Code;	168

(ii) Substantial evidence based on, and in accordance with,	169
rules prescribed by the board demonstrating that a majority of the	170
employees in the described bargaining unit do not wish to be	171
represented by the employee organization filing the request for	172
recognition;	173

(iii) Substantial evidence based on, and in accordance with,	174
rules prescribed by the board from another employee organization	175
demonstrating that at least ten per cent of the employees in the	176
described bargaining unit wish to be represented by such other	177
employee organization; or	178

(iv) Substantial evidence based on, and in accordance with,	179
rules prescribed by the board indicating that the proposed unit is	180
not an appropriate unit pursuant to section 4117.06 of the Revised	181
Code.	182

(B) Nothing in this section shall be construed to permit a	183
public employer to recognize, or the state employment relations	184
board to certify, an employee organization as an exclusive	185
representative under Chapter 4117. of the Revised Codethis	186
chapter if there is in effect a lawful written agreement,	187
contract, or memorandum of understanding between the public	188
employer and another employee organization which, on the effective	189
date of this sectionApril 1, 1984, has been recognized by a	190
public employer as the exclusive representative of the employees	191
in a unit or which by tradition, custom, practice, election, or	192
negotiation has been the only employee organization representing	193
all employees in the unit; this restriction does not apply to that	194
period of time covered by any agreement which exceeds three years.	195
For the purposes of this section, extensions of agreement do not	196
affect the expiration of the original agreement.	197

(C) Nothing in this section shall be construed to infringe	198
upon the rights of individual employees under section 4117.03 of	199
the Revised Code.	200

Sec. 4117.081.  (A) Every public employer shall post in a	201
conspicuous place and keep continuously displayed the notice	202
described in division (B) of this section. Each public employer	203
shall provide a copy of the notice to each employee at the time	204
the employee is first hired and at the time of any change in the	205
employee's employment status, including, but not limited to, the	206
promotion, demotion, or lay-off of the employee.	207

(B) The notice required to be posted and displayed pursuant	208
to division (A) of this section shall read as follows:	209

"EMPLOYEES' FREEDOM OF CHOICE

210

Under Ohio law, public employees are protected in choosing	211
whether to join or to refrain from joining exclusive union	212
representatives. It is unlawful for a public employer and an	213
exclusive representative to enter into a contract or agreement	214
that requires employees to pay dues, fees, assessments, or other	215
charges of any kind as a condition of obtaining or keeping a job.	216
Under the law, a public employer is prohibited from discharging or	217
otherwise discriminating against an employee because that employee	218
joins an exclusive representative or refuses to join or pay dues	219
or other charges to an exclusive representative. This notice is	220
posted pursuant to section 4117.081 of the Revised Code."	221

Sec. 4117.09.  (A) The parties to any collective bargaining	222
agreement shall reduce the agreement to writing and both execute	223
it.	224

(B) The agreement shall contain a provision that:

225

(1) Provides for a grievance procedure which may culminate	226
with final and binding arbitration of unresolved grievances, and	227
disputed interpretations of agreements, and which is valid and	228
enforceable under its terms when entered into in accordance with	229
this chapter. No publication thereof is required to make it	230
effective. A party to the agreement may bring suits for violation	231
of agreements or the enforcement of an award by an arbitrator in	232
the court of common pleas of any county wherein a party resides or	233
transacts business.	234

(2) Authorizes the public employer to deduct the periodic	235
dues, initiation fees, and assessments of members of the exclusive	236
representative upon presentation of a written deduction	237
authorization by the employee pursuant to division (A)(7) of	238
section 4117.03 of the Revised Code.	239

(C) The agreement may contain a provision that requires as a	240
condition of employment, on or after a mutually agreed upon	241
probationary period or sixty days following the beginning of	242
employment, whichever is less, or the effective date of a	243
collective bargaining agreement, whichever is later, that the	244
employees in the unit who are not members of the employee	245
organization pay to the employee organization a fair share fee.	246
The arrangement does not require any employee to become a member	247
of the employee organization, nor shall fair share fees exceed	248
dues paid by members of the employee organization who are in the	249
same bargaining unit. Any public employee organization	250
representing public employees pursuant to this chapter shall	251
prescribe an internal procedure to determine a rebate, if any, for	252
nonmembers which conforms to federal law, provided a nonmember	253
makes a timely demand on the employee organization. Absent	254
arbitrary and capricious action, such determination is conclusive	255
on the parties except that a challenge to the determination may be	256
filed with the state employment relations board within thirty days	257
of the determination date specifying the arbitrary or capricious	258
nature of the determination and the board shall review the rebate	259
determination and decide whether it was arbitrary or capricious.	260
The deduction of a fair share fee by the public employer from the	261
payroll check of the employee and its payment to the employee	262
organization is automatic and does not require the written	263
authorization of the employee.	264

The internal rebate procedure shall provide for a rebate of	265
expenditures in support of partisan politics or ideological causes	266
not germaine to the work of employee organizations in the realm of	267
collective bargaining.	268

Any public employee who is a member of and adheres to	269
established and traditional tenets or teachings of a bona fide	270
religion or religious body which has historically held	271
conscientious objections to joining or financially supporting an	272
employee organization and which is exempt from taxation under the	273
provisions of the Internal Revenue Code shall not be required to	274
join or financially support any employee organization as a	275
condition of employment. Upon submission of proper proof of	276
religious conviction to the board, the board shall declare the	277
employee exempt from becoming a member of or financially	278
supporting an employee organization. The employee shall be	279
required, in lieu of the fair share fee, to pay an amount of money	280
equal to the fair share fee to a nonreligious charitable fund	281
exempt from taxation under section 501(c)(3) of the Internal	282
Revenue Code mutually agreed upon by the employee and the	283
representative of the employee organization to which the employee	284
would otherwise be required to pay the fair share fee. The	285
employee shall furnish to the employee organization written	286
receipts evidencing such payment, and failure to make the payment	287
or furnish the receipts shall subject the employee to the same	288
sanctions as would nonpayment of dues under the applicable	289
collective bargaining agreement.	290

No public employer shall agree to a provision requiring that	291
a public employee become a member of an employee organization as a	292
condition for securing or retaining employment. Any agreement	293
that purports to require that employees join or pay any moneys to	294
any exclusive representative is void and unenforceable.	295

(D) As used in this division, "teacher" means any employee of	296
a school district certified to teach in the public schools of this	297
state.	298

The agreement may contain a provision that provides for a	299
peer review plan under which teachers in a bargaining unit or	300
representatives of an employee organization representing teachers	301
may, for other teachers of the same bargaining unit or teachers	302
whom the employee organization represents, participate in	303
assisting, instructing, reviewing, evaluating, or appraising and	304
make recommendations or participate in decisions with respect to	305
the retention, discharge, renewal, or nonrenewal of, the teachers	306
covered by a peer review plan.	307

The participation of teachers or their employee organization	308
representative in a peer review plan permitted under this division	309
shall not be construed as an unfair labor practice under this	310
chapter or as a violation of any other provision of law or rule	311
adopted pursuant thereto.	312

(E) No agreement shall contain an expiration date that is	313
later than three years from the date of execution. The parties may	314
extend any agreement, but the extensions do not affect the	315
expiration date of the original agreement.	316

(F) Any agreement, understanding, or practice, written or	317
oral, between a public employer and an exclusive representative	318
that violates this chapter is void and unenforceable.	319

Sec. 4117.11.  (A) It is an unfair labor practice for a	320
public employer, its agents, or representatives to:	321

(1) Interfere with, restrain, or coerce employees in the	322
exercise of the rights guaranteed in Chapter 4117. of the Revised	323
Codethis chapter or an employee organization in the selection of	324
its representative for the purposes of collective bargaining or	325
the adjustment of grievances;	326

(2) Initiate, create, dominate, or interfere with the	327
formation or administration of any employee organization, or	328
contribute financial or other support to it;, except that a public	329
employer may permit employees to confer with it during working	330
hours without loss of time or pay, permit the exclusive	331
representative to use the facilities of the public employer for	332
membership or other meetings, or permit the exclusive	333
representative to use the internal mail system or other internal	334
communications system;	335

(3) Discriminate in regard to hire or tenure of employment or	336
any term or condition of employment on the basis of the exercise	337
of rights guaranteed by Chapter 4117. of the Revised Code. Nothing	338
precludes any employer from making and enforcing an agreement	339
pursuant to division (C) of section 4117.09 of the Revised Code.	340
this chapter;	341

(4) Discharge or otherwise discriminate against an employee	342
because hethe employee has filed charges or given testimony in	343
good faith under Chapter 4117. of the Revised Codethis chapter;	344

(5) Refuse to bargain collectively with the representative of	345
histhe employer's employees recognized as the exclusive	346
representative or certified pursuant to Chapter 4117. of the	347
Revised Codethis chapter;	348

(6) Establish a pattern or practice of repeated failures to	349
timely process grievances and requests for arbitration of	350
grievances;	351

(7) Lock out or otherwise prevent employees from performing	352
their regularly assigned duties where an object thereof is to	353
bring pressure on the employees or an employee organization to	354
compromise or capitulate to the employer's terms regarding a labor	355
relations dispute;	356

(8) Cause or attempt to cause an employee organization, its	357
agents, or representatives to violate division (B) of this	358
section;	359

(9) Encourage or discourage membership in an exclusive	360
representative by discriminating in the hiring, tenure, or other	361
terms and conditions of employment;	362

(10) Enter into an all-exclusive representative agreement	363
that requires its employees to become members of an exclusive	364
representative;	365

(11) Violate the terms of a collective bargaining agreement,	366
including a term requiring the acceptance of an arbitration award;	367

(12) Refuse to obey an order issued by a court of competent	368
jurisdiction under this chapter;	369

(13) Deduct dues, fees, assessments, or other charges of any	370
kind, including fair share fees, from an employee's earnings	371
except as provided in section 4117.03 of the Revised Code;	372

(14) Employ or retain any person to observe, covertly or	373
otherwise, employees or their representatives when, or to	374
determine when, those employees or representatives are exercising	375
their rights under this chapter;	376

(15) Make, circulate, or cause to be made or circulated an	377
employee blacklist. For purposes of this division, "blacklist"	378
means an understanding or agreement by which the names of	379
employees or potential employees or a list of their names,	380
descriptions, or other means of identification is spoken, written,	381
or implied for the purpose of being communicated or transmitted	382
between two or more employers or their agents in order to prevent	383
or prohibit the identified employees or potential employees from	384
securing employment with one of those employers. A "blacklist"	385
does not include either of the following:	386

(a) Job performance information of former or current	387
employees provided by an employer pursuant to section 4113.71 of	388
the Revised Code;	389

(b) Communications concerning employees, prospective	390
employees, or former employees made by an employer, prospective	391
employer, or former employer that are required by law.	392

(16) Commit any crime in connection with any controversy	393
regarding employment relations with its employees, an exclusive	394
representative, or an employee organization under this chapter;	395

(17) Fail to conspicuously post and maintain the notice	396
required by section 4117.081 of the Revised Code.	397

(B) It is an unfair labor practice for an employee	398
organization, its agents, or representatives, or public employees	399
to:	400

(1) Restrain or coerce employees in the exercise of the	401
rights guaranteed in Chapter 4117. of the Revised Codethis	402
chapter. This division does not impair the right of an employee	403
organization to prescribe its own rules with respect to the	404
acquisition or retention of membership therein, or an employer in	405
the selection of histhe employer's representative for the purpose	406
of collective brgainingbargaining or the adjustment of	407
grievances.	408

(2) Cause or attempt to cause an employer to violate division	409
(A) of this section;	410

(3) Refuse to bargain collectively with a public employer if	411
the employee organization is recognized as the exclusive	412
representative or certified as the exclusive representative of	413
public employees in a bargaining unit;	414

(4) Call, institute, maintain, or conduct a boycott against	415
any public employer, or picket any place of business of a public	416
employer, on account of any jurisdictional work dispute;	417

(5) Induce or encourage any individual employed by any person	418
to engage in a strike in violation of Chapter 4117. of the Revised	419
Codethis chapter or refusal to handle goods or perform services;	420
or threaten, coerce, or restrain any person where an object	421
thereof is to force or require any public employee to cease	422
dealing or doing business with any other person, or force or	423
require a public employer to recognize for representation purposes	424
an employee organization not certified by the state employment	425
relations board;	426

(6) Fail to fairly represent all public employees in a	427
bargaining unit;	428

(7) Induce or encourage any individual in connection with a	429
labor relations dispute to picket the residence or any place of	430
private employment of any public official or representative of the	431
public employer;	432

(8) Engage in any picketing, striking, or other concerted	433
refusal to work without giving written notice to the public	434
employer and to the state employment relations board not less than	435
ten days prior to the action. The notice shall state the date and	436
time that the action will commence and, once the notice is given,	437
the parties may extend it by the written agreement of both.	438

(C) The determination by the board or any court that a public	439
officer or employee has committed any of the acts prohibited by	440
divisions (A) and (B) of this section shall not be made the basis	441
of any charge for the removal from office or recall of the public	442
officer or the suspension from or termination of employment of or	443
disciplinary acts against an employee, nor shall the officer or	444
employee be found subject to any suit for damages based on such a	445
determination; however, nothing in this division prevents any	446
party to a collective bargaining agreement from seeking	447
enforcement or damages for a violation thereof against the other	448
party to the agreement.	449

(D) As to jurisdictional work disputes, the board shall hear	450
and determine the dispute unless, within ten days after notice to	451
the board by a party to the dispute that a dispute exists, the	452
parties to the dispute submit to the board satisfactory evidence	453
that they have adjusted, or agreed upon the method for the	454
voluntary adjustment of, the dispute.	455

Sec. 4119.01.  As used in this chapter:

456

(A) "Employer" means every person, firm, and private	457
corporation that employs one or more employees regularly in the	458
same business or in or about the same establishment under any	459
contract of hire, whether the contract is express or implied, or	460
oral or written. "Employer" does not include a "public employer"	461
as defined in section 4117.01 of the Revised Code.	462

(B) "Employee" means every person, including an individual	463
engaged in agricultural labor, in the service of any employer.	464

(C) "Employee organization" means any labor or bona fide	465
organization in which employees participate and that exists for	466
the purpose, in whole or in part, of dealing with employers	467
concerning grievances, labor disputes, wages, hours, terms, and	468
other conditions of employment.	469

Sec. 4119.02.  No employer or agent or representative of an	470
employer, individually or in concert, shall do any of the	471
following:	472

(A) Require any person, as a condition of employment or of	473
the continuation of employment, to become or remain a member of	474
any employee organization;	475

(B) Require any person, as a condition of employment or of	476
the continuation of employment, to pay any dues, fees,	477
assessments, or other charges of any kind, including fair share	478
fees, to an employee organization unless the person is a member of	479
that employee organization;	480

(C) Require any person engaged in agricultural labor to be	481
referred, recommended, or approved by an employee organization as	482
a condition of employment or of the continuation of employment	483
with the employer;	484

(D) Deduct from the wages, earnings, or compensation of any	485
employee any dues, fees, assessments, or other charges of any	486
kind, including fair share fees, to be held for or paid over to an	487
employee organization unless the employer first receives a written	488
authorization for those deductions as provided in section 4119.03	489
of the Revised Code;	490

(E) Interfere with, restrain, or coerce employees in the	491
exercise of the rights guaranteed in this chapter;	492

(F) Discharge or otherwise discriminate against an employee	493
because the employee has filed charges or given testimony in good	494
faith under this chapter;	495

(G) Enter into an all-employee organization agreement that	496
requires its employees to become members of an employee	497
organization;	498

(H) Refuse to obey an order issued by a court of competent	499
jurisdiction under this chapter;	500

(I) Employ or retain any person to observe, covertly or	501
otherwise, employees or their representatives when, or to	502
determine when, those employees or representatives are exercising	503
their rights under this chapter;	504

(J) Make, circulate, or cause to be made or circulated an	505
employee blacklist. For purposes of this division, "blacklist"	506
means an understanding or agreement by which the names of	507
employees or potential employees or a list of their names,	508
descriptions, or other means of identification is spoken, written,	509
or implied for the purpose of being communicated or transmitted	510
between two or more employers or their agents in order to prevent	511
or prohibit the identified employees or potential employees from	512
securing employment with one of those employers. A "blacklist"	513
does not include either of the following:	514

(1) Job performance information of former or current	515
employees provided by an employer pursuant to section 4113.71 of	516
the Revised Code;	517

(2) Communications concerning employees, prospective	518
employees, or former employees made by an employer, prospective	519
employer, or former employer that are required by law.	520

(K) Commit any crime in connection with any controversy	521
regarding employment relations with its employees or an employee	522
organization under this chapter;	523

(L) Fail to conspicuously post and maintain the notice	524
required by section 4119.05 of the Revised Code.	525

Sec. 4119.03.  (A) An employee may authorize the employee's	526
employer to deduct from the employee's wages, earnings, or	527
compensation any dues, fees, assessments, or other charges of any	528
kind to be held for or paid over to an employee organization. The	529
authorization shall be in writing and signed by the employee.	530

(B) Every employer that receives a written authorization from	531
an employee pursuant to division (A) of this section shall	532
promptly notify the employee, in writing, that the employee may	533
revoke the authorization at any time by providing the employer	534
with a written notice of the revocation. The revocation becomes	535
effective thirty days after the employer receives the revocation.	536

Sec. 4113.02.        Sec. 4119.04. (A) Every undertaking or promise,	537
whether written or oral, express or implied, constituting, or	538
contained in, any contract or agreement of hiring or employment	539
between any individual, firm, association, or corporation, and any	540
employee or prospective employee of the same, whereby either party	541
to such contract or agreement undertakes or promises not to join,	542
become, or remain a member of any laboremployee organization or	543
of any organization of employers, or either party to such contract	544
or agreement undertakes or promises that hethe party will	545
withdraw from the employment relation in the event that hethe	546
party joins, becomes, or remains a member of any laboremployee	547
organization or of any organization of employers, is contrary to	548
public policy and void.	549

(B) Any agreement, understanding, or practice, written or	550
oral, between an employer and an employee organization that	551
violates this chapter is void and unenforceable.	552

Sec. 4119.05.  (A) Every employer shall post in a conspicuous	553
place and keep continuously displayed the notice described in	554
division (B) of this section. Each employer shall provide a copy	555
of the notice to each employee at the time the employee is first	556
hired and at the time of any change in the employee's employment	557
status, including, but not limited to, the promotion, demotion, or	558
lay-off of the employee.	559

(B) The notice required to be posted and displayed pursuant	560
to division (A) of this section shall read as follows:	561

"EMPLOYEES' FREEDOM OF CHOICE

562

Under Ohio law, employees are protected in choosing whether	563
to join or to refrain from joining an employee organization. It is	564
unlawful for an employer and an employee organization to enter	565
into a contract or agreement that requires employees to pay dues,	566
fees, assessments, or charges of any kind as a condition of	567
obtaining or keeping a job. Under the law, an employer is	568
prohibited from discharging or otherwise discriminating against an	569
employee because that employee joins an employee organization or	570
refuses to join or pay dues or other charges to an employee	571
organization. This notice is posted pursuant to section 4119.05 of	572
the Revised Code."	573

Sec. 4119.06.  Any person who is injured or is likely to be	574
injured as a result of a violation of this chapter may bring an	575
action for injunctive relief in the court of common pleas in the	576
county in which the violation is alleged to have occurred, and may	577
recover any actual damages the person sustained as a result of the	578
violation or threatened violation.	579

Sec. 4119.07.  Any person may file a complaint alleging a	580
violation of this chapter with the attorney general and the county	581
prosecutor of the county in which the violation is alleged to have	582
occurred. The attorney general and the county prosecutor shall	583
investigate any complaints of an alleged violation of this	584
chapter.	585

Sec. 4119.99.  Any person, employer, or employee organization	586
who violates this chapter is guilty of a misdemeanor of the first	587
degree.	588

Section 2.  That existing sections 9.81, 4113.02, 4117.03,	589
4117.05, 4117.09, and 4117.11 of the Revised Code are hereby	590
repealed.	591

Section 3.  Sections 9.81, 4117.03, 4117.05, 4117.09, and	592
4117.11 of the Revised Code, as they existed before the effective	593
date of this act, shall apply to all collective bargaining	594
agreements in existence before the effective date of this act.	595
Sections 9.81, 4117.03, 4117.05, 4117.09, and 4117.11 of the	596
Revised Code, as amended by this act, and sections 4117.031 and	597
4117.081 of the Revised Code, as enacted by this act, shall apply	598
to all collective bargaining agreements entered into on or after	599
the effective date of this act.	600

Section 4.  (A) Chapter 4119. of the Revised Code, as enacted	601
by this act, applies only to collective bargaining agreements and	602
extensions and renewals of those agreements entered into on or	603
after the effective date of this act.	604

(B) Nothing in Chapter 4119. of the Revised Code abrogates,	605
annuls, or modifies, or may be construed as abrogating, annulling,	606
or modifying, any valid collective bargaining agreement between an	607
employer and employee organization except as provided in division	608
(A) of this section.	609