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H. B. No. 48 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Phillips, Murray, Pryor, Harris, Dodd, Lundy, Book, Letson, Fende, Yuko, Skindell
A BILL
To amend section 4117.10 and to enact sections
5906.01, 5906.02, 5906.03, and 5906.99 of the
Revised Code to provide two weeks of leave for any
employee who is the spouse or parent of a member
of the uniformed services who is called to active
duty or is injured, wounded, or hospitalized while
serving in a combat zone.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4117.10 be amended and sections
5906.01, 5906.02, 5906.03, and 5906.99 of the Revised Code be
enacted to read as follows:
Sec. 4117.10. (A) An agreement between a public employer
and
an exclusive representative entered into pursuant to this
chapter
governs the wages, hours, and terms and conditions of
public
employment covered by the agreement. If the agreement
provides for
a final and binding arbitration of grievances,
public employers,
employees, and employee organizations are
subject solely to that
grievance procedure and the state
personnel board of review or
civil service commissions have no
jurisdiction to receive and
determine any appeals relating to
matters that were the subject of
a final and binding grievance
procedure. Where no agreement exists
or where an agreement makes
no specification about a matter, the
public employer and public
employees are subject to all applicable
state or local laws or
ordinances pertaining to the wages, hours,
and terms and
conditions of employment for public employees. Laws
pertaining
to civil rights, affirmative action, unemployment
compensation,
workers' compensation, the retirement of public
employees, and
residency requirements, the minimum educational
requirements
contained in the Revised Code pertaining to public
education
including the requirement of a certificate by the fiscal
officer
of a school district pursuant to section 5705.41 of the
Revised
Code, the provisions of division (A) of section 124.34 of
the Revised Code
governing the disciplining of officers and
employees who have been convicted
of a felony, and the minimum
standards promulgated by the state
board of
education pursuant to
division (D) of section 3301.07 of the
Revised Code prevail over
conflicting provisions of agreements
between employee
organizations and public employers. The law
pertaining to the
leave of absence and compensation provided
under section 5923.05
of the Revised Code prevails over any
conflicting provisions of
such agreements if the terms of the
agreement contain benefits
which are less than those contained in
that section or the
agreement contains no such terms and the
public authority is the
state or any agency, authority,
commission, or board of the state
or if the public authority is
another entity listed in division
(B) of section 4117.01 of the
Revised Code that elects to provide
leave of absence and
compensation as provided in section 5923.05
of the Revised Code. The law pertaining to the leave established
under section 5906.02 of the Revised Code prevails over any
conflicting provision of an agreement between an employee
organization and public employer if the terms of the agreement
contain benefits that are less than those contained in section
5906.02 of the Revised Code.
Except for sections 306.08, 306.12,
306.35, and 4981.22 of the
Revised Code and arrangements entered
into thereunder, and
section 4981.21 of the Revised Code as
necessary to comply with
section 13(c) of the "Urban Mass
Transportation Act of 1964," 87
Stat. 295, 49 U.S.C.A. 1609(c), as
amended, and arrangements
entered into thereunder, this chapter
prevails over any and all
other conflicting laws, resolutions,
provisions, present or
future, except as otherwise specified in
this chapter or as
otherwise specified by the general assembly.
Nothing in this
section prohibits or shall be construed to
invalidate the
provisions of an agreement establishing
supplemental workers'
compensation or unemployment compensation
benefits or exceeding
minimum requirements contained in the
Revised Code pertaining to
public education or the minimum
standards promulgated by the
state board of education pursuant to
division (D) of section
3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds
necessary to implement an agreement and for approval of any other
matter requiring the approval of the appropriate legislative body
to the legislative body within fourteen days of the date on which
the parties finalize the agreement, unless otherwise specified,
but if the appropriate legislative body is not in session at the
time, then within fourteen days after it convenes. The
legislative
body must approve or reject the submission as a
whole, and the
submission is deemed approved if the legislative
body fails to act
within thirty days after the public employer
submits the
agreement. The parties may specify that those
provisions of the
agreement not requiring action by a legislative
body are effective
and operative in accordance with the terms of
the agreement,
provided there has been compliance with division
(C) of this
section. If the legislative body rejects the
submission of the
public employer, either party may reopen all or
part of the entire
agreement.
As used in this section, "legislative body" includes the
governing board of a municipal corporation,
school district,
college or university, village, township, or
board of county
commissioners or any other body that has
authority to approve the
budget of their public jurisdiction and, with regard to the state,
"legislative body" means the controlling board.
(C) The chief executive officer, or the chief executive
officer's representative, of
each municipal corporation, the
designated representative of the
board of education of each school
district, college or
university, or any other body that has
authority to approve the
budget of their public jurisdiction, the
designated
representative of the board of county commissioners and
of each
elected officeholder of the county whose employees are
covered by
the collective negotiations, and the designated
representative of
the village or the board of township trustees of
each township is
responsible for negotiations in the collective
bargaining
process; except that the legislative body may accept or
reject a
proposed collective bargaining agreement. When the
matters about
which there is agreement are reduced to writing and
approved by
the employee organization and the legislative body,
the agreement
is binding upon the legislative body, the employer,
and the
employee organization and employees covered by the
agreement.
(D) There is hereby established an office of collective
bargaining in the department of administrative services for the
purpose of negotiating with and entering into written agreements
between state agencies, departments, boards, and commissions and
the exclusive representative on matters of wages, hours, terms
and
other conditions of employment and the continuation,
modification,
or deletion of an existing provision of a
collective bargaining
agreement. Nothing in any provision of law
to the contrary shall
be interpreted as excluding the bureau of
workers' compensation
and the industrial commission from the
preceding sentence. This
office shall not negotiate on behalf of
other statewide elected
officials or boards of trustees of state
institutions of higher
education who shall be considered as
separate public employers for
the purposes of this chapter;
however, the office may negotiate on
behalf of these officials or
trustees where authorized by the
officials or trustees. The
staff of the office of collective
bargaining are in the
unclassified service. The director of
administrative services
shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's
philosophy for public collective bargaining as well as planning
bargaining strategies;
(2) Conduct negotiations with the exclusive
representatives
of each employee organization;
(3) Coordinate the state's resources in all mediation,
fact-finding, and arbitration cases as well as in all labor
disputes;
(4) Conduct systematic reviews of collective bargaining
agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all
agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports
as
requested to the governor and the general assembly on the
implementation of this chapter and its impact upon state
government.
Sec. 5906.01. As used in this chapter:
(A) "Active duty" means full-time duty in the active military
service of the United States or active duty pursuant to an
executive order of the president of the United States, an act of
the congress of the United States, or a proclamation of the
governor. "Active duty" does not include active duty for training,
initial active duty for training, or the period of time for which
a person is absent from a position of employment for the purpose
of an examination to determine the fitness of the person to
perform any duty unless such period is contemporaneous with an
active duty period.
(B) "Benefits" means the employment benefits, other than
salary or wages, that an employer regularly provides or makes
available to employees, including, but not limited to, medical
insurance, disability insurance, life insurance, pension plans,
and retirement plans.
(C) "Employer" means a person who employs fifteen or more
employees and includes the state or any agency or instrumentality
of the state, and any municipal corporation, county, township,
school district, or other political subdivision of the state.
(D) "Employee" has the same meaning as in section 4113.51 of
the Revised Code.
(E) "Uniformed services" means the armed forces, the Ohio
organized militia when engaged in full-time national guard duty,
the commissioned corps of the public health service, and any other
category of persons designated by the president of the United
States in time of war or emergency.
Sec. 5906.02. (A) An employer shall allow an employee to
take leave up to ten days or eighty hours, whichever is less, if
all of the following conditions are satisfied:
(1) The employer has employed the employee for at least
twelve consecutive months and for at least one thousand two
hundred fifty hours in the twelve months immediately preceding
commencement of the leave.
(2) The employee is the parent or spouse of a person who is a
member of the uniformed services and who is called into active
duty in the uniformed services for a period longer than thirty
days.
(3) The employee gives notice to the employer that the
employee intends to take leave pursuant to this section at least
fourteen days prior to taking the leave.
(4) The dates on which the employee takes leave pursuant to
this section occur no more than two weeks prior to or one week
after
the deployment date of the employee's spouse or child.
(5) The employee does not have any other leave available for
the employee's use except sick leave or disability leave.
(B) An employer shall continue to provide benefits to the
employee during the period of time the employee is on leave
pursuant to this section. The employee shall be responsible for
the same proportion of the cost of the benefits as the employee
regularly pays during periods of time when the employee is not on
leave. The employer is not required to pay salary or wages to the
employee during the period of time the employee is on leave
pursuant to this section.
Upon the completion of the leave taken pursuant to this
section, the employer shall restore the employee to the position
the employee held prior to taking that leave or a position with
equivalent seniority, benefits, pay, and other terms and
conditions of employment.
(C) An employer may require an employee requesting to use the
leave established under this section to provide certification from
the appropriate military authority to verify that
the employee
satisfies the criteria described in divisions (A)(2),
(3), and
(4) of this section.
Sec. 5906.03. (A) An employer shall not interfere with,
restrain, or deny the exercise or attempted exercise of a right
established under this chapter.
(B) An employer shall not discharge, fine, suspend, expel,
discipline, or discriminate against an employee with respect to
any term or condition of employment because of the employee's
actual or potential exercise, or support for another employee's
exercise, of any right established under this chapter. This
division does not prevent an employer from taking an employment
action that is independent of the exercise of a right under this
chapter.
(C) An employer shall not deprive an employee who takes leave
pursuant to section 5906.02 of the Revised Code of any benefit
that accrued before the date that leave commences.
(D) An employer shall not require an employee to waive the
rights to which the employee is entitled pursuant to this chapter.
(E) On and after the effective date of this section, an
employer shall not enter into a collective bargaining agreement or
employee benefit plan that limits or requires an employee to waive
the rights established under this chapter. An employer shall
comply with any collective bargaining agreement or employee
benefit plan that provides leave benefits similar to the type
established under this chapter that are greater than the leave
benefits established under this chapter.
(F) An employer may provide leave benefits greater than those
established under this chapter.
Sec. 5906.99. Whoever violates this chapter is subject to a
civil action for injunctive relief or any other relief that a
court finds necessary to secure a right provided by this chapter.
Section 2. That existing section 4117.10 of the Revised Code
is hereby repealed.
Section 3. This act does apply to employers and employees, as
defined in section 5906.01 of the Revised Code as enacted by this
act, who have entered into a collective bargaining agreement or
other contract of employment that is in effect before the
effective date of this act and that conflicts with this act, but
shall apply to such employers and employees immediately upon the
expiration of such conflicting agreement or contract.
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