2011 Ohio Revised Code
Title [41] XLI LABOR AND INDUSTRY
Chapter 4117: PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
4117.106 [Enactment subject to referendum; See note] Prohibited provisions in collective bargaining agreements regarding number of employees; state pension contributions; overtime and other benefits.

Notwithstanding any provision of section 4117.08 or 4117.10 of the Revised Code to the contrary, no agreement entered into or renewed under this chapter on or after the effective date of this section shall contain any provision that does any of the following:

(A) Limits a public employer in determining the number of employees it employs or has working at any time, in any facility, building, classroom, on any work shift, or on any piece of equipment or vehicle, except that an agreement may contain provisions regarding certain equipment issues in accordance with division (F) of section 4117.08 of the Revised Code;

(B) Provides for the public employer to pay any portion of a public employee’s state pension contributions or payments as described in division (B) of section 4117.08 of the Revised Code;

(C) Provides for an hourly overtime payment rate that exceeds the overtime rate required by the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C. 207;

(D) Requires the public employer to adhere to, follow, or continue any practices or benefits not specifically set forth in the specific written provisions of the agreement.

Any provision inconsistent with this section that is contained in an agreement entered into or renewed on or after the effective date of this section is void and unenforceable.

Added by 129th General Assembly File No. 10, SB 5, § 1. This enacment 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.