2011 Ohio Revised Code
Title [41] XLI LABOR AND INDUSTRY
Chapter 4117: PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
4117.081 [Enactment subject to referendum; See note] Collective bargaining agreements; prohibited provisions.

(A) This section applies only to school districts, educational service centers, certain conversion community schools established under Chapter 3314. of the Revised Code, and STEM schools established under Chapter 3326. of the Revised Code.

(B) No public employer to which this section applies shall enter into a collective bargaining agreement on or after the effective date of this section that does any of the following:

(1) Requires the public employer to employ a minimum number of total personnel or any category of personnel;

(2) Restricts the authority of the public employer or a district or service center superintendent to assign personnel to school buildings or restricts the authority of a building principal to designate the responsibilities and workloads of personnel assigned to the building;

(3) Establishes a maximum number of students who may be assigned to a classroom or teacher;

(4) Prohibits the public employer from making reductions in teachers or nonteaching employees for any applicable reason specified in division (B) of section 124.321 or section 3319.17 or 3319.172 of the Revised Code or in a policy adopted under section 3319.171 of the Revised Code;

(5) Restricts the authority of the public employer, when making personnel reductions, to determine the order of layoffs;

(6) Restricts the authority of the public employer to acquire noneducational services from another public or private entity through competitive bidding;

(7) Restricts the authority of the public employer to acquire any products, programs, or services pursuant to section 3313.841, 3313.842, 3313.843, or 3313.845 of the Revised Code;

(8) Otherwise relinquishes, impairs, or restricts the managerial rights and responsibilities of the public employer described in division (C) of section 4117.08 of the Revised Code.

(C)(1) Except as otherwise provided in division (C)(2) of this section, each collective bargaining agreement entered into on or after the effective date of this section between a public employer to which this section applies and its employees shall comply with all applicable state or local laws or ordinances regarding wages, hours, and terms and conditions of employment of public employees.

(2) A collective bargaining agreement entered into on or after the effective date of this section may include a provision that conflicts with an applicable law or ordinance, if the provision establishes benefits that are less than the benefits conferred by the law or ordinance and division (A) of section 4117.10 of the Revised Code does not require that the law or ordinance prevail over the conflicting provision. Any provision of the agreement that conflicts with an applicable law or ordinance and does not meet these requirements shall be void.

(D) Notwithstanding division (A)(5) of section 4117.11 of the Revised Code, a public employer to which this section applies is not required to, and may refuse to, collectively bargain on the continuation, modification, or termination of a provision of an existing collective bargaining agreement.

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

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

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