(B) No state agency shall increase the salary or wage of an | 14 |
employee during a one-year period by more than the percentage | 15 |
increase, rounded to the nearest tenth, in the consumer price | 16 |
index for that one-year period. If the consumer price index | 17 |
increases by more than five per cent in that period, the state | 18 |
agency may increase the salary or wage of an employee by a maximum | 19 |
of five per cent. If the consumer price index decreases or | 20 |
otherwise does not increase during that time period, the state | 21 |
agency shall not increase the salary or wage of an employee. | 22 |
(2) If the salary or wage of an employee has not increased | 27 |
for a significant period of time, as determined by the state | 28 |
agency, due to the financial condition of the state or the state | 29 |
agency, any one-time increase in the employee's salary or wage to | 30 |
compensate the employee for the time period during which the | 31 |
employee's salary or wage remained unchanged due to that financial | 32 |
condition, however, the employee's salary or wage shall be subject | 33 |
to division (B) of this section beginning the following year. | 34 |
Sec. 4117.10. (A) An agreement between a public employer and | 41 |
an exclusive representative entered into pursuant to this chapter | 42 |
governs the wages, hours, and terms and conditions of public | 43 |
employment covered by the agreement. If the agreement provides for | 44 |
a final and binding arbitration of grievances, public employers, | 45 |
employees, and employee organizations are subject solely to that | 46 |
grievance procedure and the state personnel board of review or | 47 |
civil service commissions have no jurisdiction to receive and | 48 |
determine any appeals relating to matters that were the subject of | 49 |
a final and binding grievance procedure. Where no agreement exists | 50 |
or where an agreement makes no specification about a matter, the | 51 |
public employer and public employees are subject to all applicable | 52 |
state or local laws or ordinances pertaining to the wages, hours, | 53 |
and terms and conditions of employment for public employees. Laws | 54 |
All of the following prevail over conflicting provisions of | 55 |
agreements between employee organizations and public employers: | 56 |
(2) The law pertaining to the leave of absence and | 78 |
compensation provided under section 5923.05 of the Revised Code | 79 |
prevails over any conflicting provisions of such agreements, if | 80 |
the terms of the agreement contain benefits which are less than | 81 |
those contained in that section or the agreement contains no such | 82 |
terms and the public authority is the state or any agency, | 83 |
authority, commission, or board of the state or if the public | 84 |
authority is another entity listed in division (B) of section | 85 |
4117.01 of the Revised Code that elects to provide leave of | 86 |
absence and compensation as provided in section 5923.05 of the | 87 |
Revised Code. The; | 88 |
Except for sections 306.08, 306.12, 306.35, and 4981.22 of | 95 |
the Revised Code and arrangements entered into thereunder, and | 96 |
section 4981.21 of the Revised Code as necessary to comply with | 97 |
section 13(c) of the "Urban Mass Transportation Act of 1964," 87 | 98 |
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements | 99 |
entered into thereunder, this chapter prevails over any and all | 100 |
other conflicting laws, resolutions, provisions, present or | 101 |
future, except as otherwise specified in this chapter or as | 102 |
otherwise specified by the general assembly. Nothing in this | 103 |
section prohibits or shall be construed to invalidate the | 104 |
provisions of an agreement establishing supplemental workers' | 105 |
compensation or unemployment compensation benefits or exceeding | 106 |
minimum requirements contained in the Revised Code pertaining to | 107 |
public education or the minimum standards promulgated by the state | 108 |
board of education pursuant to division (D) of section 3301.07 of | 109 |
the Revised Code. | 110 |
(B) The public employer shall submit a request for funds | 111 |
necessary to implement an agreement and for approval of any other | 112 |
matter requiring the approval of the appropriate legislative body | 113 |
to the legislative body within fourteen days of the date on which | 114 |
the parties finalize the agreement, unless otherwise specified, | 115 |
but if the appropriate legislative body is not in session at the | 116 |
time, then within fourteen days after it convenes. The legislative | 117 |
body must approve or reject the submission as a whole, and the | 118 |
submission is deemed approved if the legislative body fails to act | 119 |
within thirty days after the public employer submits the | 120 |
agreement. The parties may specify that those provisions of the | 121 |
agreement not requiring action by a legislative body are effective | 122 |
and operative in accordance with the terms of the agreement, | 123 |
provided there has been compliance with division (C) of this | 124 |
section. If the legislative body rejects the submission of the | 125 |
public employer, either party may reopen all or part of the entire | 126 |
agreement. | 127 |
As used in this section, "legislative body" includes the | 128 |
governing board of a municipal corporation, school district, | 129 |
college or university, village, township, or board of county | 130 |
commissioners or any other body that has authority to approve the | 131 |
budget of their public jurisdiction and, with regard to the state, | 132 |
"legislative body" means the controlling board. | 133 |
(C) The chief executive officer, or the chief executive | 134 |
officer's representative, of each municipal corporation, the | 135 |
designated representative of the board of education of each school | 136 |
district, college or university, or any other body that has | 137 |
authority to approve the budget of their public jurisdiction, the | 138 |
designated representative of the board of county commissioners and | 139 |
of each elected officeholder of the county whose employees are | 140 |
covered by the collective negotiations, and the designated | 141 |
representative of the village or the board of township trustees of | 142 |
each township is responsible for negotiations in the collective | 143 |
bargaining process; except that the legislative body may accept or | 144 |
reject a proposed collective bargaining agreement. When the | 145 |
matters about which there is agreement are reduced to writing and | 146 |
approved by the employee organization and the legislative body, | 147 |
the agreement is binding upon the legislative body, the employer, | 148 |
and the employee organization and employees covered by the | 149 |
agreement. | 150 |
(D) There is hereby established an office of collective | 151 |
bargaining in the department of administrative services for the | 152 |
purpose of negotiating with and entering into written agreements | 153 |
between state agencies, departments, boards, and commissions and | 154 |
the exclusive representative on matters of wages, hours, terms and | 155 |
other conditions of employment and the continuation, modification, | 156 |
or deletion of an existing provision of a collective bargaining | 157 |
agreement. Nothing in any provision of law to the contrary shall | 158 |
be interpreted as excluding the bureau of workers' compensation | 159 |
and the industrial commission from the preceding sentence. This | 160 |
office shall not negotiate on behalf of other statewide elected | 161 |
officials or boards of trustees of state institutions of higher | 162 |
education who shall be considered as separate public employers for | 163 |
the purposes of this chapter; however, the office may negotiate on | 164 |
behalf of these officials or trustees where authorized by the | 165 |
officials or trustees. The staff of the office of collective | 166 |
bargaining are in the unclassified service. The director of | 167 |
administrative services shall fix the compensation of the staff. | 168 |