Bill Text: OH HB152 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced - Dead) 2013-05-02 - To State and Local Government [HB152 Detail]

Download: Ohio-2013-HB152-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 152

Representative Maag 

Cosponsors: Representatives Adams, J., Beck, Becker, Blair, Boose, Brenner, Buchy, Hood, Lynch, Roegner, Rosenberger, Stautberg, Terhar, Thompson, Wachtmann, Young 

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A BILL

To amend sections 9.81, 4117.03, 4117.09, and 4117.11

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of the Revised Code to remove any requirement

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under the Public Employees Collective Bargaining

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Law that public employees join or pay dues to any

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employee organization and to prohibit public

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employers from requiring public employees to join

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or pay dues to any employee organization.

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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	8
of the Revised Code be amended to read as follows:	9

Sec. 9.81.  After an authorization adopted under section 9.80	10
of the Revised Code, any public officer or employee of any	11
department or division of the state, any political subdivision or	12
school district thereof, or of any institution supported in whole	13
or in part by the state, a county, or municipal corporation, who	14
desires to make a contribution by the payroll deduction plan to	15
one or more of the specified charitable agencies which are	16
corporations not for profit, community chests, united funds, or	17
other similar united community fund organizations, may be	18
permitted to have such contribution payments deducted from the	19
salary or wages due such public officer or employee by filing a	20
written request and authorization signed by such public officer or	21
employee and specifying the amount of the deduction in each	22
payroll period with the fiscal officer of the state, political	23
subdivision, or school district, or institution by which such	24
public officer or employee is employed. Such authorization may be	25
withdrawn in writing by such public officer or employee at any	26
time. No funds may be withheld from the salary or wages of any	27
such public officer or employee for the purposes permitted by	28
sections 9.80 and 9.81 of the Revised Code unless the withholding	29
is specifically, freely, and voluntarily authorized by that public	30
officer or employee in writing.	31

Upon receipt of evidence of such request by the appropriate	32
fiscal officer, or upon receipt of a written deduction	33
authorization under division (B)(2) or (C) of section 4117.09 of	34
the Revised Code, such fiscal officer shall make such deduction	35
and shall, at periodic intervals to the extent of the amount	36
collected, pay the designated charitable agencies which are	37
corporations not for profit, community chests, united funds, or	38
other similar united community fund organizations, or the	39
exclusive representative designated under section 4117.05 of the	40
Revised Code.	41

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

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(1) Form, join, assist, or participate in, or refrain from	43
forming, joining, assisting, or participating in, except as	44
otherwise provided in Chapter 4117. of the Revised Codethis	45
chapter, any employee organization of their own choosing;	46

(2) Engage in or refrain from engaging in other concerted	47
activities for the purpose of collective bargaining or other	48
mutual aid and protection;	49

(3) Representation by an employee organization;

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(4) Bargain collectively with their public employers to	51
determine wages, hours, terms and other conditions of employment	52
and the continuation, modification, or deletion of an existing	53
provision of a collective bargaining agreement, and enter into	54
collective bargaining agreements;	55

(5) Present grievances and have them adjusted, without the	56
intervention of the bargaining representative, as long as the	57
adjustment is not inconsistent with the terms of the collective	58
bargaining agreement then in effect and as long as the bargaining	59
representatives have the opportunity to be present at the	60
adjustment.	61

(B) Persons on active duty or acting in any capacity as	62
members of the organized militia do not have collective bargaining	63
rights.	64

(C) Except as provided in division (D) of this section,	65
nothing in Chapter 4117. of the Revised Codethis chapter	66
prohibits public employers from electing to engage in collective	67
bargaining, to meet and confer, to hold discussions, or to engage	68
in any other form of collective negotiations with public employees	69
who are not subject to Chapter 4117. of the Revised Codethis	70
chapter pursuant to division (C) of section 4117.01 of the Revised	71
Code.	72

(D) A public employer shall not engage in collective	73
bargaining or other forms of collective negotiations with the	74
employees of county boards of elections referred to in division	75
(C)(12) of section 4117.01 of the Revised Code.	76

(E) Employees of public schools may bargain collectively for	77
health care benefits.	78

Sec. 4117.09. (A) The parties to any collective bargaining	79
agreement shall reduce the agreement to writing and both execute	80
it.	81

(B) The agreement shall contain a provision that:

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(1) Provides for a grievance procedure which may culminate	83
with final and binding arbitration of unresolved grievances, and	84
disputed interpretations of agreements, and which is valid and	85
enforceable under its terms when entered into in accordance with	86
this chapter. No publication thereof is required to make it	87
effective. A party to the agreement may bring suits for violation	88
of agreements or the enforcement of an award by an arbitrator in	89
the court of common pleas of any county wherein a party resides or	90
transacts business.	91

(2) Authorizes the public employer to deduct the periodic	92
dues, initiation fees, and assessments of members of the exclusive	93
representative upon presentation of a written deduction	94
authorization by the employee.	95

(C) The agreement may contain a provision that requires as a	96
condition of employment, on or after a mutually agreed upon	97
probationary period or sixty days following the beginning of	98
employment, whichever is less, or the effective date of a	99
collective bargaining agreement, whichever is later, that the	100
employees in the unit who are not members of the employee	101
organization pay to the employee organization a fair share fee.	102
The arrangement does not require any employee to become a member	103
of the employee organization, nor shall fair share fees exceed	104
dues paid by members of the employee organization who are in the	105
same bargaining unit. Any public employee organization	106
representing public employees pursuant to this chapter shall	107
prescribe an internal procedure to determine a rebate, if any, for	108
nonmembers which conforms to federal law, provided a nonmember	109
makes a timely demand on the employee organization. Absent	110
arbitrary and capricious action, such determination is conclusive	111
on the parties except that a challenge to the determination may be	112
filed with the state employment relations board within thirty days	113
of the determination date specifying the arbitrary or capricious	114
nature of the determination and the board shall review the rebate	115
determination and decide whether it was arbitrary or capricious.	116
The deduction of a fair share fee by the public employer from the	117
payroll check of the employee and its payment to the employee	118
organization is automatic and does not require the written	119
authorization of the employee.	120

The internal rebate procedure shall provide for a rebate of	121
expenditures in support of partisan politics or ideological causes	122
not germaine to the work of employee organizations in the realm of	123
collective bargaining.	124

Any public employee who is a member of and adheres to	125
established and traditional tenets or teachings of a bona fide	126
religion or religious body which has historically held	127
conscientious objections to joining or financially supporting an	128
employee organization and which is exempt from taxation under the	129
provisions of the Internal Revenue Code shall not be required to	130
join or financially support any employee organization as a	131
condition of employment. Upon submission of proper proof of	132
religious conviction to the board, the board shall declare the	133
employee exempt from becoming a member of or financially	134
supporting an employee organization. The employee shall be	135
required, in lieu of the fair share fee, to pay an amount of money	136
equal to the fair share fee to a nonreligious charitable fund	137
exempt from taxation under section 501(c)(3) of the Internal	138
Revenue Code mutually agreed upon by the employee and the	139
representative of the employee organization to which the employee	140
would otherwise be required to pay the fair share fee. The	141
employee shall furnish to the employee organization written	142
receipts evidencing such payment, and failure to make the payment	143
or furnish the receipts shall subject the employee to the same	144
sanctions as would nonpayment of dues under the applicable	145
collective bargaining agreement.	146

No public employer shall agree to a provision requiring that	147
a public employee become a member of, or pay dues or fees to, an	148
employee organization as a condition for securing or retaining	149
employment.	150

(D) As used in this division, "teacher" means any employee of	151
a school district certified to teach in the public schools of this	152
state.	153

The agreement may contain a provision that provides for a	154
peer review plan under which teachers in a bargaining unit or	155
representatives of an employee organization representing teachers	156
may, for other teachers of the same bargaining unit or teachers	157
whom the employee organization represents, participate in	158
assisting, instructing, reviewing, evaluating, or appraising and	159
make recommendations or participate in decisions with respect to	160
the retention, discharge, renewal, or nonrenewal of, the teachers	161
covered by a peer review plan.	162

The participation of teachers or their employee organization	163
representative in a peer review plan permitted under this division	164
shall not be construed as an unfair labor practice under this	165
chapter or as a violation of any other provision of law or rule	166
adopted pursuant thereto.	167

(E) No agreement shall contain an expiration date that is	168
later than three years from the date of execution. The parties may	169
extend any agreement, but the extensions do not affect the	170
expiration date of the original agreement.	171

Sec. 4117.11.  (A) It is an unfair labor practice for a	172
public employer, its agents, or representatives to:	173

(1) Interfere with, restrain, or coerce employees in the	174
exercise of the rights guaranteed in Chapter 4117. of the Revised	175
Codethis chapter or an employee organization in the selection of	176
its representative for the purposes of collective bargaining or	177
the adjustment of grievances;	178

(2) Initiate, create, dominate, or interfere with the	179
formation or administration of any employee organization, or	180
contribute financial or other support to it; except that a public	181
employer may permit employees to confer with it during working	182
hours without loss of time or pay, permit the exclusive	183
representative to use the facilities of the public employer for	184
membership or other meetings, or permit the exclusive	185
representative to use the internal mail system or other internal	186
communications system;	187

(3) Discriminate in regard to hire or tenure of employment or	188
any term or condition of employment on the basis of the exercise	189
of rights guaranteed by Chapter 4117. of the Revised Codethis	190
chapter. Nothing precludes any employer from making and enforcing	191
an agreement pursuant to division (C) of section 4117.09 of the	192
Revised Code.	193

(4) Discharge or otherwise discriminate against an employee	194
because hethe employee has filed charges or given testimony under	195
Chapter 4117. of the Revised Codethis chapter;	196

(5) Refuse to bargain collectively with the representative of	197
histhe employer's employees recognized as the exclusive	198
representative or certified pursuant to Chapter 4117. of the	199
Revised Codethis chapter;	200

(6) Establish a pattern or practice of repeated failures to	201
timely process grievances and requests for arbitration of	202
grievances;	203

(7) Lock out or otherwise prevent employees from performing	204
their regularly assigned duties where an object thereof is to	205
bring pressure on the employees or an employee organization to	206
compromise or capitulate to the employer's terms regarding a labor	207
relations dispute;	208

(8) Cause or attempt to cause an employee organization, its	209
agents, or representatives to violate division (B) of this	210
section.	211

(B) It is an unfair labor practice for an employee	212
organization, its agents, or representatives, or public employees	213
to:	214

(1) Restrain or coerce employees in the exercise of the	215
rights guaranteed in Chapter 4117. of the Revised Codethis	216
chapter. This division does not impair the right of an employee	217
organization to prescribe its own rules with respect to the	218
acquisition or retention of membership therein, or an employer in	219
the selection of histhe employer's representative for the purpose	220
of collective brgainingbargaining or the adjustment of	221
grievances.	222

(2) Cause or attempt to cause an employer to violate division	223
(A) of this section;	224

(3) Refuse to bargain collectively with a public employer if	225
the employee organization is recognized as the exclusive	226
representative or certified as the exclusive representative of	227
public employees in a bargaining unit;	228

(4) Call, institute, maintain, or conduct a boycott against	229
any public employer, or picket any place of business of a public	230
employer, on account of any jurisdictional work dispute;	231

(5) Induce or encourage any individual employed by any person	232
to engage in a strike in violation of Chapter 4117. of the Revised	233
Codethis chapter or refusal to handle goods or perform services;	234
or threaten, coerce, or restrain any person where an object	235
thereof is to force or require any public employee to cease	236
dealing or doing business with any other person, or force or	237
require a public employer to recognize for representation purposes	238
an employee organization not certified by the state employment	239
relations board;	240

(6) Fail to fairly represent all public employees in a	241
bargaining unit;	242

(7) Induce or encourage any individual in connection with a	243
labor relations dispute to picket the residence or any place of	244
private employment of any public official or representative of the	245
public employer;	246

(8) Engage in any picketing, striking, or other concerted	247
refusal to work without giving written notice to the public	248
employer and to the state employment relations board not less than	249
ten days prior to the action. The notice shall state the date and	250
time that the action will commence and, once the notice is given,	251
the parties may extend it by the written agreement of both.	252

(C) The determination by the board or any court that a public	253
officer or employee has committed any of the acts prohibited by	254
divisions (A) and (B) of this section shall not be made the basis	255
of any charge for the removal from office or recall of the public	256
officer or the suspension from or termination of employment of or	257
disciplinary acts against an employee, nor shall the officer or	258
employee be found subject to any suit for damages based on such a	259
determination; however nothing in this division prevents any party	260
to a collective bargaining agreement from seeking enforcement or	261
damages for a violation thereof against the other party to the	262
agreement.	263

(D) As to jurisdictional work disputes, the board shall hear	264
and determine the dispute unless, within ten days after notice to	265
the board by a party to the dispute that a dispute exists, the	266
parties to the dispute submit to the board satisfactory evidence	267
that they have adjusted, or agreed upon the method for the	268
voluntary adjustment of, the dispute.	269

Section 2.  That existing sections 9.81, 4117.03, 4117.09,	270
and 4117.11 of the Revised Code are hereby repealed.	271

Section 3.  This act applies to all collective bargaining	272
agreements entered into pursuant to Chapter 4117. of the Revised	273
Code on or after the effective date of this act.	274