H. B. No. 151 As Referred

(B) The policy of this state is that the negotiation of terms

43

and conditions of private sector employment should result from

44

voluntary agreement between an employer and the employer's

45

employees. Therefore, each employee must be fully free to

46

associate, organize, and designate a representative, as the

47

employee chooses, for the negotiation of the terms and conditions

48

of employment in the private sector and must be free from

49

coercion, interference, or restraint by the employee's employer or

50

an agent of the employee's employer in designating a

51

representative, self-organizing, or other concerted activity for

52

the purpose of collective bargaining or other mutual aid or

53

protection.

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Section 1. That sections 4119.01, 4119.02, 4119.04, 4119.05,	8
4119.06, 4119.07, 4119.08, and 4119.99 of the Revised Code be	9
enacted to read as follows:	10

(A) "Employee" and "employer" have the same meanings as in	12
section 4113.51 of the Revised Code, except that "employer" does	13
not include the state or any agency or instrumentality of the	14
state, or any municipal corporation, county, township, school	15
district, or other political subdivision or any agency or	16
instrumentality of a municipal corporation, county, township,	17
school district, or other political subdivision.	18

(B) "Employee organization" means any labor or bona fide	19
organization in which employees participate and that exists for	20
the purpose, in whole or in part, of dealing with employers	21
concerning grievances, labor disputes, wages, hours, terms, and	22
other conditions of employment.	23

(C) "Injunctive relief" includes a permanent injunction, a	24
temporary injunction, or a temporary restraining order.	25

(D) "Labor dispute" includes any controversy, regardless of	26
whether the disputants stand in the proximate relation of employee	27
or employer, that concerns any of the following:	28

(3) The association or representation of persons in	31
negotiations for the purpose of setting, maintaining, or changing	32
the terms or conditions of employment;	33

(4) Any other controversy arising out of the respective	34
interests of the relationship between an employee and an employer.	35

Sec. 4119.02. (A) The general assembly finds that	36
governmental authority allows and encourages employers to organize	37
in corporate and other forms of capital control, and, in dealing	38
with these employers, an employee who is not represented by an	39
employee organization is helpless to exercise liberty of contract	40
or to protect personal freedom of labor and thus is helpless to	41
obtain acceptable terms and conditions of employment.	42

(C) The policy of this state is that each employee must be	55
fully free to decide whether to associate, organize, designate a	56
representative, or join or assist an employee organization.	57

(1) Require any employee to become or remain a member of any	59
employee organization;	60

(2) Require any employee to pay any dues, fees, assessments,	61
or other charges to an employee organization;	62

(3) Deduct from the wages, earnings, or compensation of any	63
employee any dues, fees, assessments, or other charges to be held	64
for or paid over to an employee organization unless the employer	65
first receives a written authorization for those deductions as	66
provided in division (A) of section 4119.05 of the Revised Code.	67

(B) An employer and an employee organization shall not enter	68
into an oral or written agreement, contract, or promise that	69
violates division (A) of this section. Any such agreement,	70
contract, or promise is void and unenforceable.	71

Sec. 4119.05. (A) An employee may authorize the employee's	72
employer to deduct from the employee's wages, earnings, or	73
compensation any dues, fees, assessments, or other charges of any	74
kind to be held for or paid over to an employee organization. The	75
authorization shall be in writing and signed by the employee.	76

(B) Every employer that receives a written authorization from	77
an employee pursuant to division (A) of this section shall	78
promptly notify the employee, in writing, that the employee may	79
revoke the authorization at any time by providing the employer	80
with a written notice of the revocation. The revocation becomes	81
effective thirty days after the employer receives the revocation.	82

Sec. 4119.07. (A) Any person who is injured or is likely to	102
be injured as a result of a violation of section 4119.04 of the	103
Revised Code may bring an action in the court of common pleas in	104
the county in which the violation is alleged to have occurred, and	105
may obtain injunctive relief and recover any actual damages the	106
person sustained as a result of the violation or threatened	107
violation.	108

(B) A court does not have jurisdiction to grant injunctive	109
relief under this section that specifically or generally prohibits	110
a person from doing any of the following:	111

(1) Ceasing or refusing to perform work or to remain in an	112
employment relationship, regardless of a promise to do the work or	113
to remain in the relationship;	114

(2) Becoming or remaining a member of an employer or employee	115
organization, regardless of a promise described in section 4113.02	116
of the Revised Code;	117

Sec. 4119.06. (A) An employer shall post in a conspicuous	83
place and keep continuously displayed the notice described in	84
division (B) of this section. An employer shall provide a copy of	85
the notice to each employee at the time the employee is first	86
hired or rehired after a lapse of the employee's employment with	87
that employer.	88

(B) The notice required to be posted and distributed pursuant	89
to division (A) of this section shall read as follows:	90

"Under Ohio law, an employee who is employed by a private	91
employer may choose whether to join an employee organization	92
without penalty. It is unlawful for an employer and an employee	93
organization to enter into a contract or agreement that requires	94
employees to join or belong to an employee organization. It also	95
is unlawful for a private employer to require employees to pay	96
dues, fees, or charges of any kind to an employee organization as	97
a condition of obtaining or keeping a job. A private employer may	98
not discharge or otherwise discriminate against an employee	99
because the employee joined or refused to join an employee	100
organization."	101

(3) Paying or giving to, or withholding from, another person	118
anything of value, including money, insurance, or strike or	119
unemployment benefits;	120

(4) Helping, by lawful means, another person to bring or	121
defend against an action similar to an action described in	122
division (A) of this section in a court of any state or the United	123
States;	124

(5) Publicizing, obtaining, or communicating information	125
about the existence of or a fact involved in a labor dispute by	126
any method that does not involve the act or threat of a breach of	127
the peace, fraud, or violence, including advertising, speaking,	128
and patrolling, with intimidation or coercion, a public street or	129
other place where a person lawfully may be present;	130

(6) Ceasing to patronize another person or to employ another	131
person;	132

(7) Assembling peacefully to do or to organize an act listed	133
in divisions (B)(1) to (6) of this section;	134

(8) Advising or giving another person notice of an intent to	135
do an act listed in divisions (B)(1) to (7) of this section;	136

(9) Agreeing with another person to do or not to do an act	137
listed in divisions (B)(1) to (8) of this section;	138

(10) Advising, inducing, or urging another person, without	139
the act or threat of fraud or violence, to do an act listed in	140
divisions (B)(1) to (9) of this section, regardless of a promise	141
described in section 4113.02 of the Revised Code;	142

(11) Performing an act listed in divisions (B)(1) to (10) of	143
this section in concert with another person on the ground that the	144
persons are engaged in an unlawful conspiracy.	145

Sec. 4119.08. Any person may file a complaint alleging a	146
violation of section 4119.04 of the Revised Code with the attorney	147
general. The attorney general shall investigate any complaints of	148
an alleged violation of that section. If, based on that	149
investigation, the attorney general has reasonable cause to	150
believe that an employer has violated that section, the attorney	151
general shall prosecute the employer for the violation.	152

Sec. 4119.99. Any employer or employee organization who	153
violates section 4119.04 of the Revised Code is guilty of a	154
misdemeanor, punishable by imprisonment up to ninety days, a fine	155
up to one thousand dollars, or both.	156

Section 2. This act applies to all collective bargaining	157
agreements entered into on or after the effective date of this	158
act.	159