Bill Text: OH HB96 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To eliminate an exemption from the Public Employees' Collective Bargaining Law for specified educational employees.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2013-03-07 - To Education [HB96 Detail]

Download: Ohio-2013-HB96-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 96

Representative Strahorn 

Cosponsors: Representatives Foley, Hagan, R., Driehaus, Antonio, Boyd, Lundy, Ramos, Patterson, Phillips, Cera, Mallory, Reece, Pillich, Letson, Ashford, Stinziano, Fedor 

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A BILL

To amend sections 4117.01 and 4117.03 of the Revised

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Code to eliminate an exemption from the Public

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Employees' Collective Bargaining Law for specified

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educational employees.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4117.01 and 4117.03 of the Revised	5
Code be amended to read as follows:	6

Sec. 4117.01.  As used in this chapter:

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(A) "Person," in addition to those included in division (C)	8
of section 1.59 of the Revised Code, includes employee	9
organizations, public employees, and public employers.	10

(B) "Public employer" means the state or any political	11
subdivision of the state located entirely within the state,	12
including, without limitation, any municipal corporation with a	13
population of at least five thousand according to the most recent	14
federal decennial census; county; township with a population of at	15
least five thousand in the unincorporated area of the township	16
according to the most recent federal decennial census; school	17
district; governing authority of a community school established	18
under Chapter 3314. of the Revised Code; college preparatory	19
boarding school established under Chapter 3328. of the Revised	20
Code or its operator; state institution of higher learning; public	21
or special district; state agency, authority, commission, or	22
board; or other branch of public employment. "Public employer"	23
does not include the nonprofit corporation formed under section	24
187.01 of the Revised Code.	25

(C) "Public employee" means any person holding a position by	26
appointment or employment in the service of a public employer,	27
including any person working pursuant to a contract between a	28
public employer and a private employer and over whom the national	29
labor relations board has declined jurisdiction on the basis that	30
the involved employees are employees of a public employer, except:	31

(1) Persons holding elective office;

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(2) Employees of the general assembly and employees of any	33
other legislative body of the public employer whose principal	34
duties are directly related to the legislative functions of the	35
body;	36

(3) Employees on the staff of the governor or the chief	37
executive of the public employer whose principal duties are	38
directly related to the performance of the executive functions of	39
the governor or the chief executive;	40

(4) Persons who are members of the Ohio organized militia,	41
while training or performing duty under section 5919.29 or 5923.12	42
of the Revised Code;	43

(5) Employees of the state employment relations board,	44
including those employees of the state employment relations board	45
utilized by the state personnel board of review in the exercise of	46
the powers and the performance of the duties and functions of the	47
state personnel board of review;	48

(6) Confidential employees;

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(7) Management level employees;

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(8) Employees and officers of the courts, assistants to the	51
attorney general, assistant prosecuting attorneys, and employees	52
of the clerks of courts who perform a judicial function;	53

(9) Employees of a public official who act in a fiduciary	54
capacity, appointed pursuant to section 124.11 of the Revised	55
Code;	56

(10) Supervisors;

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(11) Students whose primary purpose is educational training,	58
including graduate assistants or associates, residents, interns,	59
or other students working as part-time public employees less than	60
fifty per cent of the normal year in the employee's bargaining	61
unit;	62

(12) Employees of county boards of election;

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(13)(12) Seasonal and casual employees as determined by the	64
state employment relations board;	65

(14) Part-time faculty members of an institution of higher	66
education;	67

(15)(13) Participants in a work activity, developmental	68
activity, or alternative work activity under sections 5107.40 to	69
5107.69 of the Revised Code who perform a service for a public	70
employer that the public employer needs but is not performed by an	71
employee of the public employer if the participant is not engaged	72
in paid employment or subsidized employment pursuant to the	73
activity;	74

(16)(14) Employees included in the career professional	75
service of the department of transportation under section 5501.20	76
of the Revised Code;	77

(17)(15) Employees of community-based correctional facilities	78
and district community-based correctional facilities created under	79
sections 2301.51 to 2301.58 of the Revised Code who are not	80
subject to a collective bargaining agreement on June 1, 2005.	81

(D) "Employee organization" means any labor or bona fide	82
organization in which public employees participate and that exists	83
for the purpose, in whole or in part, of dealing with public	84
employers concerning grievances, labor disputes, wages, hours,	85
terms, and other conditions of employment.	86

(E) "Exclusive representative" means the employee	87
organization certified or recognized as an exclusive	88
representative under section 4117.05 of the Revised Code.	89

(F) "Supervisor" means any individual who has authority, in	90
the interest of the public employer, to hire, transfer, suspend,	91
lay off, recall, promote, discharge, assign, reward, or discipline	92
other public employees; to responsibly direct them; to adjust	93
their grievances; or to effectively recommend such action, if the	94
exercise of that authority is not of a merely routine or clerical	95
nature, but requires the use of independent judgment, provided	96
that:	97

(1) Employees of school districts who are department	98
chairpersons or consulting teachers shall not be deemed	99
supervisors;	100

(2) With respect to members of a police or fire department,	101
no person shall be deemed a supervisor except the chief of the	102
department or those individuals who, in the absence of the chief,	103
are authorized to exercise the authority and perform the duties of	104
the chief of the department. Where prior to June 1, 1982, a public	105
employer pursuant to a judicial decision, rendered in litigation	106
to which the public employer was a party, has declined to engage	107
in collective bargaining with members of a police or fire	108
department on the basis that those members are supervisors, those	109
members of a police or fire department do not have the rights	110
specified in this chapter for the purposes of future collective	111
bargaining. The state employment relations board shall decide all	112
disputes concerning the application of division (F)(2) of this	113
section.	114

(3) With respect to faculty members of a state institution of	115
higher education, heads of departments or divisions are	116
supervisors; however, no other faculty member or group of faculty	117
members is a supervisor solely because the faculty member or group	118
of faculty members participate in decisions with respect to	119
courses, curriculum, personnel, or other matters of academic	120
policy;	121

(4) No teacher as defined in section 3319.09 of the Revised	122
Code shall be designated as a supervisor or a management level	123
employee unless the teacher is employed under a contract governed	124
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	125
is assigned to a position for which a license deemed to be for	126
administrators under state board rules is required pursuant to	127
section 3319.22 of the Revised Code.	128

(G) "To bargain collectively" means to perform the mutual	129
obligation of the public employer, by its representatives, and the	130
representatives of its employees to negotiate in good faith at	131
reasonable times and places with respect to wages, hours, terms,	132
and other conditions of employment and the continuation,	133
modification, or deletion of an existing provision of a collective	134
bargaining agreement, with the intention of reaching an agreement,	135
or to resolve questions arising under the agreement. "To bargain	136
collectively" includes executing a written contract incorporating	137
the terms of any agreement reached. The obligation to bargain	138
collectively does not mean that either party is compelled to agree	139
to a proposal nor does it require the making of a concession.	140

(H) "Strike" means continuous concerted action in failing to	141
report to duty; willful absence from one's position; or stoppage	142
of work in whole from the full, faithful, and proper performance	143
of the duties of employment, for the purpose of inducing,	144
influencing, or coercing a change in wages, hours, terms, and	145
other conditions of employment. "Strike" does not include a	146
stoppage of work by employees in good faith because of dangerous	147
or unhealthful working conditions at the place of employment that	148
are abnormal to the place of employment.	149

(I) "Unauthorized strike" includes, but is not limited to,	150
concerted action during the term or extended term of a collective	151
bargaining agreement or during the pendency of the settlement	152
procedures set forth in section 4117.14 of the Revised Code in	153
failing to report to duty; willful absence from one's position;	154
stoppage of work; slowdown, or abstinence in whole or in part from	155
the full, faithful, and proper performance of the duties of	156
employment for the purpose of inducing, influencing, or coercing a	157
change in wages, hours, terms, and other conditions of employment.	158
"Unauthorized strike" includes any such action, absence, stoppage,	159
slowdown, or abstinence when done partially or intermittently,	160
whether during or after the expiration of the term or extended	161
term of a collective bargaining agreement or during or after the	162
pendency of the settlement procedures set forth in section 4117.14	163
of the Revised Code.	164

(J) "Professional employee" means any employee engaged in	165
work that is predominantly intellectual, involving the consistent	166
exercise of discretion and judgment in its performance and	167
requiring knowledge of an advanced type in a field of science or	168
learning customarily acquired by a prolonged course in an	169
institution of higher learning or a hospital, as distinguished	170
from a general academic education or from an apprenticeship; or an	171
employee who has completed the courses of specialized intellectual	172
instruction and is performing related work under the supervision	173
of a professional person to become qualified as a professional	174
employee.	175

(K) "Confidential employee" means any employee who works in	176
the personnel offices of a public employer and deals with	177
information to be used by the public employer in collective	178
bargaining; or any employee who works in a close continuing	179
relationship with public officers or representatives directly	180
participating in collective bargaining on behalf of the employer.	181

(L) "Management level employee" means an individual who	182
formulates policy on behalf of the public employer, who	183
responsibly directs the implementation of policy, or who may	184
reasonably be required on behalf of the public employer to assist	185
in the preparation for the conduct of collective negotiations,	186
administer collectively negotiated agreements, or have a major	187
role in personnel administration. Assistant superintendents,	188
principals, and assistant principals whose employment is governed	189
by section 3319.02 of the Revised Code are management level	190
employees. With respect to members of a faculty of a state	191
institution of higher education, no person is a management level	192
employee because of the person's involvement in the formulation or	193
implementation of academic or institution policy.	194

(M) "Wages" means hourly rates of pay, salaries, or other	195
forms of compensation for services rendered.	196

(N) "Member of a police department" means a person who is in	197
the employ of a police department of a municipal corporation as a	198
full-time regular police officer as the result of an appointment	199
from a duly established civil service eligibility list or under	200
section 737.15 or 737.16 of the Revised Code, a full-time deputy	201
sheriff appointed under section 311.04 of the Revised Code, a	202
township constable appointed under section 509.01 of the Revised	203
Code, or a member of a township or joint police district police	204
department appointed under section 505.49 of the Revised Code.	205

(O) "Members of the state highway patrol" means highway	206
patrol troopers and radio operators appointed under section	207
5503.01 of the Revised Code.	208

(P) "Member of a fire department" means a person who is in	209
the employ of a fire department of a municipal corporation or a	210
township as a fire cadet, full-time regular firefighter, or	211
promoted rank as the result of an appointment from a duly	212
established civil service eligibility list or under section	213
505.38, 709.012, or 737.22 of the Revised Code.	214

(Q) "Day" means calendar day.

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

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(1) Form, join, assist, or participate in, or refrain from	217
forming, joining, assisting, or participating in, except as	218
otherwise provided in Chapter 4117. of the Revised Code, any	219
employee organization of their own choosing;	220

(2) Engage in other concerted activities for the purpose of	221
collective bargaining or other mutual aid and protection;	222

(3) Representation by an employee organization;

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(4) Bargain collectively with their public employers to	224
determine wages, hours, terms and other conditions of employment	225
and the continuation, modification, or deletion of an existing	226
provision of a collective bargaining agreement, and enter into	227
collective bargaining agreements;	228

(5) Present grievances and have them adjusted, without the	229
intervention of the bargaining representative, as long as the	230
adjustment is not inconsistent with the terms of the collective	231
bargaining agreement then in effect and as long as the bargaining	232
representatives have the opportunity to be present at the	233
adjustment.	234

(B) Persons on active duty or acting in any capacity as	235
members of the organized militia do not have collective bargaining	236
rights.	237

(C) Except as provided in division (D) of this section,	238
nothing in Chapter 4117. of the Revised Code prohibits public	239
employers from electing to engage in collective bargaining, to	240
meet and confer, to hold discussions, or to engage in any other	241
form of collective negotiations with public employees who are not	242
subject to Chapter 4117. of the Revised Code pursuant to division	243
(C) of section 4117.01 of the Revised Code.	244

(D) A public employer shall not engage in collective	245
bargaining or other forms of collective negotiations with the	246
employees of county boards of elections referred to in division	247
(C)(12)(11) of section 4117.01 of the Revised Code.	248

(E) Employees of public schools may bargain collectively for	249
health care benefits.	250

Section 2. That existing sections 4117.01 and 4117.03 of the	251
Revised Code are hereby repealed.	252