2011 Ohio Revised Code
Title [41] XLI LABOR AND INDUSTRY
Chapter 4117: PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
4117.08 [First of two versions] Matters subject to collective bargaining.

(A) All matters pertaining to wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code.

(B) The conduct and grading of civil service examinations, the rating of candidates, the establishment of eligible lists from the examinations, and the original appointments from the eligible lists are not appropriate subjects for collective bargaining.

(C) Unless a public employer agrees otherwise in a collective bargaining agreement, nothing in Chapter 4117. of the Revised Code impairs the right and responsibility of each public employer to:

(1) Determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure;

(2) Direct, supervise, evaluate, or hire employees;

(3) Maintain and improve the efficiency and effectiveness of governmental operations;

(4) Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted;

(5) Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees;

(6) Determine the adequacy of the work force;

(7) Determine the overall mission of the employer as a unit of government;

(8) Effectively manage the work force;

(9) Take actions to carry out the mission of the public employer as a governmental unit.

The employer is not required to bargain on subjects reserved to the management and direction of the governmental unit except as affect wages, hours, terms and conditions of employment, and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement. A public employee or exclusive representative may raise a legitimate complaint or file a grievance based on the collective bargaining agreement.

Effective Date: 04-01-1984; 09-29-2005; 2007 HB119 09-29-2007

This section is set out twice. See also § 4117.08, as amended by 129th General Assembly File No. 10, SB 5, § 1, subject to referendum.

4117.08 [Second of two versions] Matters subject to collective bargaining

(A) All matters pertaining to wages, hours, and terms and conditions of employment are subject to collective bargaining between the public employer and the exclusive representative, except as otherwise specified in this section and section 4117.081 of the Revised Code. Any existing provision of a collective bargaining agreement that was modified, renewed, or extended from a prior collective bargaining agreement that does not concern wages, hours, and terms and conditions shall not be a mandatory subject of collective bargaining and shall not be subject to any impasse procedure without the mutual agreement of both the public employer and exclusive representative. The inclusion of a provision in a previous collective bargaining agreement shall not be used as a basis for the provision being determined to concern wages, hours, and terms and conditions.

(B) The following subjects are not appropriate subjects for collective bargaining:

(1) The conduct and grading of civil service examinations, the rating of candidates, the establishment of eligible lists from the examinations, and the original appointments from the eligible lists ;

(2) Health care benefits, except that, subject to division (E) of this section, the amount of the cost of those benefits for which a public employer and the public employees of the public employer pays is an appropriate subject of collective bargaining;

(3) The payment of a contribution by a public employer to the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the state highway patrol retirement system, or the school employees retirement system on behalf of an employee, contributor, or teacher, as applicable, that the employee, contributor, or teacher otherwise is required to pay;

(4) The privatization of a public employer’s services or contracting out of the public employer’s work;

(5) The number of employees required to be on duty or employed in any department, division, or facility of a public employer.

(C) Unless a public employer specifically agrees otherwise in an express written provision of a collective bargaining agreement, nothing in Chapter 4117. of the Revised Code impairs the right and responsibility of each public employer to:

(1) Hire, discharge, transfer, suspend, or discipline employees;

(2) Determine the number of persons required to be employed or laid off;

(3) Determine the qualifications of employees;

(4) Determine the starting and quitting time and the number of hours to be worked by its employees;

(5) Make any and all reasonable rules and regulations;

(6) Determine the work assignments of its employees;

(7) Determine the basis for selection, retention, and promotion of employees;

(8) Determine the type of equipment used and the sequence of work processes, except as provided in division (F) of this section;

(9) Determine the making of technological alterations by revising either process or equipment or both, except as provided in division (F) of this section;

(10) Determine work standards and the quality and quantity of work to be produced;

(11) Select and locate buildings and other facilities;

(12) Establish, expand, transfer, or consolidate work processes and facilities;

(13) Transfer or subcontract work;

(14) Consolidate, merge, or otherwise transfer any or all of its facilities, property processes, or work with or to any other municipal corporation or entity or effect or change in any respect the legal status, management, or responsibility of such property, facilities, processes, or work;

(15) Terminate or eliminate all or any part of its work or facilities.

The employer is not required to bargain on subjects reserved to the management and direction of the governmental unit . A public employee or exclusive representative may raise a legitimate complaint or file a grievance based only on the violation of the express written provisions of a collective bargaining agreement.

(D) During negotiations between a public employer and an exclusive representative, the parties shall consider, for purposes of determining the ability of the public employer to pay for any terms agreed to during collective bargaining, only the financial status of the public employer at the time period surrounding the negotiations. When determining whether the employer can pay for those terms, the parties shall consider the employer’s inability to pay. The parties shall not consider either of the following when determining the ability of the public employer to pay for those terms:

(1) Any potential future increase in the income of the public employer that would only be possible by the employer raising revenue, including, but not limited to, passing a levy or a bond issue;

(2) The employer’s ability to sell assets.

(E) The provision of health care benefits for which the employer is required to pay more than eighty-five per cent of the cost is not an appropriate subject for collective bargaining. No public employer shall agree to a provision that requires the public employer to pay more than eighty-five per cent of the cost paid for health care benefits.

(F) Notwithstanding division (C) of this section, equipment issues directly related to personal safety are subject to collective bargaining.

Amended by 129th General Assembly File No. 10, SB 5, § 1. This amendment is subject to referendum in the Nov. 8, 2011 election.

Effective Date: 04-01-1984; 09-29-2005; 2007 HB119 09-29-2007

See 129th General Assembly File No. 10, SB 5, §4.

The amendment to this section by 129th General Assembly File No. 10, SB 5, § 1 has been made subject to referendum in the upcoming November, 2011 election.

This section is set out twice.