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H. B. No. 152 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Beck, Becker, Blair, Boose, Brenner, Buchy, Hood, Lynch, Roegner, Rosenberger, Stautberg, Terhar, Thompson, Wachtmann, Young
A BILL
To amend sections 9.81, 4117.03, 4117.09, and 4117.11
of the Revised Code to remove any requirement
under the Public Employees Collective Bargaining
Law that public employees join or pay dues to any
employee organization and to prohibit public
employers from requiring public employees to join
or pay dues to any employee organization.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.81, 4117.03, 4117.09, and 4117.11
of the Revised Code be amended to read as follows:
Sec. 9.81. After an authorization adopted under section 9.80
of the Revised Code, any public officer or employee of any
department or division of the state, any political subdivision or
school district thereof, or of any institution supported in whole
or in part by the state, a county, or municipal corporation, who
desires to make a contribution by the payroll deduction plan to
one or more of the specified charitable agencies which are
corporations not for profit, community chests, united funds, or
other similar united community fund organizations, may be
permitted to have such contribution payments deducted from the
salary or wages due such public officer or employee by filing a
written request and authorization signed by such public officer or
employee and specifying the amount of the deduction in each
payroll period with the fiscal officer of the state, political
subdivision, or school district, or institution by which such
public officer or employee is employed. Such authorization may be
withdrawn in writing by such public officer or employee at any
time. No funds may be withheld from the salary or wages of any
such public officer or employee for the purposes permitted by
sections 9.80 and 9.81 of the Revised Code unless the withholding
is specifically, freely, and voluntarily authorized by that public
officer or employee in writing.
Upon receipt of evidence of such request by the appropriate
fiscal officer, or upon receipt of a written deduction
authorization under division (B)(2) or (C) of section 4117.09 of
the Revised Code, such fiscal officer shall make such deduction
and shall, at periodic intervals to the extent of the amount
collected, pay the designated charitable agencies which are
corporations not for profit, community chests, united funds, or
other similar united community fund organizations, or the
exclusive representative designated under section 4117.05 of the
Revised Code.
Sec. 4117.03. (A) Public employees have the right to:
(1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code this
chapter, any employee organization of their own choosing;
(2) Engage in or refrain from engaging in other concerted
activities for the purpose of collective bargaining or other
mutual aid and protection;
(3) Representation by an employee organization;
(4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements;
(5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment.
(B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective bargaining
rights.
(C) Except as provided in division (D) of this section,
nothing in Chapter 4117. of the Revised Code this chapter
prohibits public employers from electing to engage in collective
bargaining, to meet and confer, to hold discussions, or to engage
in any other form of collective negotiations with public employees
who are not subject to Chapter 4117. of the Revised Code this
chapter pursuant to division (C) of section 4117.01 of the Revised
Code.
(D) A public employer shall not engage in collective
bargaining or other forms of collective negotiations with the
employees of county boards of elections referred to in division
(C)(12) of section 4117.01 of the Revised Code.
(E) Employees of public schools may bargain collectively for
health care benefits.
Sec. 4117.09. (A) The parties to any collective bargaining
agreement shall reduce the agreement to writing and both execute
it.
(B) The agreement shall contain a provision that:
(1) Provides for a grievance procedure which may culminate
with final and binding arbitration of unresolved grievances, and
disputed interpretations of agreements, and which is valid and
enforceable under its terms when entered into in accordance with
this chapter. No publication thereof is required to make it
effective. A party to the agreement may bring suits for violation
of agreements or the enforcement of an award by an arbitrator in
the court of common pleas of any county wherein a party resides or
transacts business.
(2) Authorizes the public employer to deduct the periodic
dues, initiation fees, and assessments of members of the exclusive
representative upon presentation of a written deduction
authorization by the employee.
(C) The agreement may contain a provision that requires as a
condition of employment, on or after a mutually agreed upon
probationary period or sixty days following the beginning of
employment, whichever is less, or the effective date of a
collective bargaining agreement, whichever is later, that the
employees in the unit who are not members of the employee
organization pay to the employee organization a fair share fee.
The arrangement does not require any employee to become a member
of the employee organization, nor shall fair share fees exceed
dues paid by members of the employee organization who are in the
same bargaining unit. Any public employee organization
representing public employees pursuant to this chapter shall
prescribe an internal procedure to determine a rebate, if any, for
nonmembers which conforms to federal law, provided a nonmember
makes a timely demand on the employee organization. Absent
arbitrary and capricious action, such determination is conclusive
on the parties except that a challenge to the determination may be
filed with the state employment relations board within thirty days
of the determination date specifying the arbitrary or capricious
nature of the determination and the board shall review the rebate
determination and decide whether it was arbitrary or capricious.
The deduction of a fair share fee by the public employer from the
payroll check of the employee and its payment to the employee
organization is automatic and does not require the written
authorization of the employee.
The internal rebate procedure shall provide for a rebate of
expenditures in support of partisan politics or ideological causes
not germaine to the work of employee organizations in the realm of
collective bargaining.
Any public employee who is a member of and adheres to
established and traditional tenets or teachings of a bona fide
religion or religious body which has historically held
conscientious objections to joining or financially supporting an
employee organization and which is exempt from taxation under the
provisions of the Internal Revenue Code shall not be required to
join or financially support any employee organization as a
condition of employment. Upon submission of proper proof of
religious conviction to the board, the board shall declare the
employee exempt from becoming a member of or financially
supporting an employee organization. The employee shall be
required, in lieu of the fair share fee, to pay an amount of money
equal to the fair share fee to a nonreligious charitable fund
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code mutually agreed upon by the employee and the
representative of the employee organization to which the employee
would otherwise be required to pay the fair share fee. The
employee shall furnish to the employee organization written
receipts evidencing such payment, and failure to make the payment
or furnish the receipts shall subject the employee to the same
sanctions as would nonpayment of dues under the applicable
collective bargaining agreement.
No public employer shall agree to a provision requiring that
a public employee become a member of, or pay dues or fees to, an
employee organization as a condition for securing or retaining
employment.
(D) As used in this division, "teacher" means any employee of
a school district certified to teach in the public schools of this
state.
The agreement may contain a provision that provides for a
peer review plan under which teachers in a bargaining unit or
representatives of an employee organization representing teachers
may, for other teachers of the same bargaining unit or teachers
whom the employee organization represents, participate in
assisting, instructing, reviewing, evaluating, or appraising and
make recommendations or participate in decisions with respect to
the retention, discharge, renewal, or nonrenewal of, the teachers
covered by a peer review plan.
The participation of teachers or their employee organization
representative in a peer review plan permitted under this division
shall not be construed as an unfair labor practice under this
chapter or as a violation of any other provision of law or rule
adopted pursuant thereto.
(E) No agreement shall contain an expiration date that is
later than three years from the date of execution. The parties may
extend any agreement, but the extensions do not affect the
expiration date of the original agreement.
Sec. 4117.11. (A) It is an unfair labor practice for a
public employer, its agents, or representatives to:
(1) Interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed in Chapter 4117. of the Revised
Code this chapter or an employee organization in the selection of
its representative for the purposes of collective bargaining or
the adjustment of grievances;
(2) Initiate, create, dominate, or interfere with the
formation or administration of any employee organization, or
contribute financial or other support to it; except that a public
employer may permit employees to confer with it during working
hours without loss of time or pay, permit the exclusive
representative to use the facilities of the public employer for
membership or other meetings, or permit the exclusive
representative to use the internal mail system or other internal
communications system;
(3) Discriminate in regard to hire or tenure of employment or
any term or condition of employment on the basis of the exercise
of rights guaranteed by Chapter 4117. of the Revised Code this
chapter. Nothing precludes any employer from making and enforcing
an agreement pursuant to division (C) of section 4117.09 of the
Revised Code.
(4) Discharge or otherwise discriminate against an employee
because he the employee has filed charges or given testimony under
Chapter 4117. of the Revised Code this chapter;
(5) Refuse to bargain collectively with the representative of
his the employer's employees recognized as the exclusive
representative or certified pursuant to Chapter 4117. of the
Revised Code this chapter;
(6) Establish a pattern or practice of repeated failures to
timely process grievances and requests for arbitration of
grievances;
(7) Lock out or otherwise prevent employees from performing
their regularly assigned duties where an object thereof is to
bring pressure on the employees or an employee organization to
compromise or capitulate to the employer's terms regarding a labor
relations dispute;
(8) Cause or attempt to cause an employee organization, its
agents, or representatives to violate division (B) of this
section.
(B) It is an unfair labor practice for an employee
organization, its agents, or representatives, or public employees
to:
(1) Restrain or coerce employees in the exercise of the
rights guaranteed in Chapter 4117. of the Revised Code this
chapter. This division does not impair the right of an employee
organization to prescribe its own rules with respect to the
acquisition or retention of membership therein, or an employer in
the selection of his the employer's representative for the purpose
of collective
brgaining
bargaining or the adjustment of
grievances.
(2) Cause or attempt to cause an employer to violate division
(A) of this section;
(3) Refuse to bargain collectively with a public employer if
the employee organization is recognized as the exclusive
representative or certified as the exclusive representative of
public employees in a bargaining unit;
(4) Call, institute, maintain, or conduct a boycott against
any public employer, or picket any place of business of a public
employer, on account of any jurisdictional work dispute;
(5) Induce or encourage any individual employed by any person
to engage in a strike in violation of Chapter 4117. of the Revised
Code this chapter or refusal to handle goods or perform services;
or threaten, coerce, or restrain any person where an object
thereof is to force or require any public employee to cease
dealing or doing business with any other person, or force or
require a public employer to recognize for representation purposes
an employee organization not certified by the state employment
relations board;
(6) Fail to fairly represent all public employees in a
bargaining unit;
(7) Induce or encourage any individual in connection with a
labor relations dispute to picket the residence or any place of
private employment of any public official or representative of the
public employer;
(8) Engage in any picketing, striking, or other concerted
refusal to work without giving written notice to the public
employer and to the state employment relations board not less than
ten days prior to the action. The notice shall state the date and
time that the action will commence and, once the notice is given,
the parties may extend it by the written agreement of both.
(C) The determination by the board or any court that a public
officer or employee has committed any of the acts prohibited by
divisions (A) and (B) of this section shall not be made the basis
of any charge for the removal from office or recall of the public
officer or the suspension from or termination of employment of or
disciplinary acts against an employee, nor shall the officer or
employee be found subject to any suit for damages based on such a
determination; however nothing in this division prevents any party
to a collective bargaining agreement from seeking enforcement or
damages for a violation thereof against the other party to the
agreement.
(D) As to jurisdictional work disputes, the board shall hear
and determine the dispute unless, within ten days after notice to
the board by a party to the dispute that a dispute exists, the
parties to the dispute submit to the board satisfactory evidence
that they have adjusted, or agreed upon the method for the
voluntary adjustment of, the dispute.
Section 2. That existing sections 9.81, 4117.03, 4117.09,
and 4117.11 of the Revised Code are hereby repealed.
Section 3. This act applies to all collective bargaining
agreements entered into pursuant to Chapter 4117. of the Revised
Code on or after the effective date of this act.
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