Bill Text: OH SB116 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: To permit non-Civil Service school district boards to terminate positions of district transportation employees for reasons of economy and efficiency and to contract with independent agents to provide transportation services as long as certain conditions are satisfied.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-05-04 - Committee Report [SB116 Detail]

Download: Ohio-2011-SB116-Comm_Sub.html

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As Reported by the Senate Education Committee

129th General Assembly Regular Session 2011-2012

S. B. No. 116

Senators Seitz, Cates 

Cosponsors: Senators Jones, LaRose, Bacon, Beagle 

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A BILL

To amend section 3319.081 and to enact section

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3319.0810 of the Revised Code to permit non-Civil

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Service school district boards to terminate

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positions of district transportation employees for

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reasons of economy and efficiency and to contract

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with independent agents to provide transportation

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services as long as certain conditions are

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satisfied.

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

Section 1.  That section 3319.081 be amended and section	9
3319.0810 of the Revised Code be enacted to read as follows:	10

Sec. 3319.081.  Except as otherwise provided in division (G)	11
of this section, in all school districts wherein the provisions of	12
Chapter 124. of the Revised Code do not apply, the following	13
employment contract system shall control for employees whose	14
contracts of employment are not otherwise provided by law:	15

(A) Newly hired regular nonteaching school employees,	16
including regular hourly rate and per diem employees, shall enter	17
into written contracts for their employment which shall be for a	18
period of not more than one year. If such employees are rehired,	19
their subsequent contract shall be for a period of two years.	20

(B) After the termination of the two-year contract provided	21
in division (A) of this section, if the contract of a nonteaching	22
employee is renewed, the employee shall be continued in	23
employment, and the salary provided in the contract may be	24
increased but not reduced unless such reduction is a part of a	25
uniform plan affecting the nonteaching employees of the entire	26
district.	27

(C) The contracts as provided for in this section may be	28
terminated by a majority vote of the board of education. Except as	29
provided in sectionsections 3319.0810 and 3319.172 of the Revised	30
Code, the contracts may be terminated only for violation of	31
written rules and regulations as set forth by the board of	32
education or for incompetency, inefficiency, dishonesty,	33
drunkenness, immoral conduct, insubordination, discourteous	34
treatment of the public, neglect of duty, or any other acts of	35
misfeasance, malfeasance, or nonfeasance. In addition to the right	36
of the board of education to terminate the contract of an	37
employee, the board may suspend an employee for a definite period	38
of time or demote the employee for the reasons set forth in this	39
division. The action of the board of education terminating the	40
contract of an employee or suspending or demoting the employee	41
shall be served upon the employee by certified mail. Within ten	42
days following the receipt of such notice by the employee, the	43
employee may file an appeal, in writing, with the court of common	44
pleas of the county in which such school board is situated. After	45
hearing the appeal the common pleas court may affirm, disaffirm,	46
or modify the action of the school board.	47

A violation of division (A)(7) of section 2907.03 of the	48
Revised Code is grounds for termination of employment of a	49
nonteaching employee under this division.	50

(D) All employees who have been employed by a school district	51
where the provisions of Chapter 124. of the Revised Code do not	52
apply, for a period of at least three years on November 24, 1967,	53
shall hold continuing contracts of employment pursuant to this	54
section.	55

(E) Any nonteaching school employee may terminate the	56
nonteaching school employee's contract of employment thirty days	57
subsequent to the filing of a written notice of such termination	58
with the treasurer of the board.	59

(F) A person hired exclusively for the purpose of replacing a	60
nonteaching school employee while such employee is on leave of	61
absence granted under section 3319.13 of the Revised Code is not a	62
regular nonteaching school employee under this section.	63

(G) All nonteaching employees employed pursuant to this	64
section and Chapter 124. of the Revised Code shall be paid for all	65
time lost when the schools in which they are employed are closed	66
owing to an epidemic or other public calamity. Nothing in this	67
division shall be construed as requiring payment in excess of an	68
employee's regular wage rate or salary for any time worked while	69
the school in which the employee is employed is officially closed	70
for the reasons set forth in this division.	71

Sec. 3319.0810. (A) The board of education of any school	72
district wherein the provisions of Chapter 124. of the Revised	73
Code do not apply may terminate any of its transportation staff	74
positions for reasons of economy and efficiency if the board	75
instead of employing its own staff to transport some or all of the	76
students enrolled in the district schools enters into a contract	77
with an independent agent for the provision of transportation	78
services for such students. Such a contract may be entered into	79
only if all of the following conditions are satisfied:	80

(1) Any collective bargaining agreement between the employee	81
organization representing the employees whose positions are	82
terminated under this section and the board has expired or will	83
expire within sixty days and has not been renewed in conformance	84
with provisions of that agreement and with Chapter 4117. of the	85
Revised Code, or the agreement contains provisions permitting the	86
termination of positions for reasons of economy and efficiency	87
while the agreement is in force and the board is in conformance	88
with those provisions.	89

(2) The board permits any employee whose position is	90
terminated under this section to fill any vacancy within the	91
district's organization for which the employee is qualified. The	92
board shall select from among similarly qualified employees to	93
fill such vacancies pursuant to procedures established under any	94
collective bargaining agreement between the employee organization	95
representing the terminated employees and the board that is in	96
force at the time of the termination, or in absence of such	97
provisions on the basis of seniority of employment by the board	98
with the employee with the greatest seniority having highest	99
priority.	100

(3) Unless a collective bargaining agreement between the	101
employee organization representing the terminated employees and	102
the board that is in force at the time of the termination provides	103
otherwise, the board permits any employee whose position is	104
terminated under this section to fill the employee's former	105
position in the event that the board reinstates that position	106
within one year after the date the position is terminated under	107
this section.	108

(4) The board permits any employee whose position is	109
terminated under this section to appeal in accordance with section	110
119.12 of the Revised Code the board's decision to terminate the	111
employee's position, not to hire that employee for another	112
position pursuant to division (A)(2) of this section, or not to	113
rehire that employee for the position if it is reinstated within	114
one year after the position is terminated pursuant to division	115
(A)(3) of this section.	116

(5) The contract entered into by the board and an independent	117
agent for the provision of transportation services contains a	118
stipulation requiring the agent to consider hiring any employees	119
of the school district whose positions are terminated under this	120
section for similar positions within the agent's organization.	121

(6) The contract entered into by the board and an independent	122
agent for the provision of transportation services contains a	123
stipulation requiring the agent to recognize for purposes of	124
employee representation in collective bargaining any employee	125
organization that represented the employees whose positions are	126
terminated under this section in collective bargaining with the	127
board at the time of the termination provided:	128

(a) A majority of all employees in the bargaining unit agree	129
to such representation;	130

(b) Such representation is not prohibited by federal law,	131
including any ruling of the national labor relations board;	132

(c) The employee organization is not prohibited from	133
representing nonpublic employees by other provisions of law or its	134
own governing instruments.	135

However, any employee whose position is terminated under this	136
section shall not be compelled to be included in such bargaining	137
unit if there is another bargaining unit within the agent's	138
organization that is applicable to the employee.	139

(B) If after terminating any positions of employment under	140
this section the board fails to comply with any condition	141
prescribed in division (A) of this section or fails to enforce on	142
the agent its contractual obligations prescribed in divisions	143
(A)(5) and (6) of this section, the terminations shall be void and	144
the board shall reinstate the positions and fill them with the	145
employees who filled those positions just prior to the	146
terminations. Such employees shall be compensated at a rate equal	147
to their rate of compensation in those positions just prior to the	148
terminations plus any increases paid since the terminations to	149
other nonteaching employees. The employees shall also be entitled	150
to back pay at such rate for the period from the date of the	151
terminations to the date of the reinstatements minus any pay	152
received by the employees during any time the board was in	153
compliance with such conditions or during any time the board	154
enforced those obligations.	155

Any employee aggrieved by the failure of the board to comply	156
with any condition prescribed in division (A) of this section or	157
to enforce on the agent its contractual obligations prescribed in	158
divisions (A)(5) and (6) of this section shall have the right to	159
sue the board for reinstatement of the employee's former position	160
as provided for in this division in the court of common pleas for	161
the county in which the school district is located or, if the	162
school district is located in more than one county, in the court	163
of common pleas for the county in which the majority of the	164
territory of the school district is located.	165

Section 2.  That existing section 3319.081 of the Revised	166
Code is hereby repealed.	167