2006 Ohio Revised Code - 4117.03. Subject to contingency.

§ 4117.03. Public employee rights; collective bargaining with employees of county boards of election prohibited.
 

(A)  Public employees have the right to: 

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

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

(3) Representation by an employee organization; 

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

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

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

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

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

(E) (1)  Employees of public school may bargain collectively for health care benefits; however, all health care benefits shall be provided through school employees health care board medical plans, in accordance with section 9.901 [9.90.1] of the Revised Code. If a school district provides its employees with health care benefits pursuant to collective bargaining, the employees shall be permitted to choose a plan option from among the school employees health care board plans agreed to during collective bargaining. 

(2) During collective bargaining, employees of public schools may agree to pay a higher percentage of the premium for health benefit coverage under the plans designed by the school employees health care board pursuant to section 9.901 [9.90.1] of the Revised Code than the percentage designated as the employees' contribution level by the board. A collective bargaining agreement, however, shall not permit the employees to contribute a lesser percentage of the premium than that set as the employees' contribution level by the school employees health care board, unless, in so doing, the participating school board is able to remain in compliance with the aggregate goal set pursuant to division (G)(3) of section 9.901 [9.90.1] of the Revised Code. 
 

HISTORY: 140 v S 133. Eff 4-1-84; 150 v H 262, § 1, eff. 5-7-04; 151 v H 66, § 101.01, eff. 9-29-05.
 

The provisions of § 611.03 of 151 v H 66 read as follows: 

SECTION 611.03. DELAYED IMPLEMENTATION OF CENTRALIZED PUBLIC SCHOOL EMPLOYEES' HEALTH CARE BENEFITS SYSTEM. 

Notwithstanding the amendments made to sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 of the Revised Code by this act and the enactment of section 9.901 of the Revised Code by this act, the following amendments to a section or enactment of provisions shall not take effect unless and until the General Assembly, by subsequent enactment of law, confirms those amendments and provisions, orders their implementation, and makes such other specifications pertaining to that implementation as is then necessary: 

(A) All amendments to sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 of the Revised Code. 

Not analogous to former RC § 4117.03 (GC § 17-11; 122 v 449, § 5; Bureau of Code Revision, 10-1-53), repealed, 140 v S 133, eff 4-1-84.

 

Effect of Amendments

151 v H 66, contingent on subsequent legislation, added (E). 

150 v H 262, May 7, 2004, added the exception to the beginning of (C); added (D); and made minor stylistic changes. 

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