reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.11 | Paying Wages in Full in Cash.

Effective:
November 3, 1965
Latest Legislation:
Senate Bill 201 - 106th General Assembly
Employers who have not established a plan, by a labor agreement or otherwise, for the provision of wages as defined in division (E)(2) of section 4115.03 of the Revised Code shall pay the prevailing rates of wages in full in cash.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.12 | Administrative Rules for Contractors and Subcontractors.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
In order to facilitate the administration of sections 4115.03 to 4115.16 of the Revised Code, and to achieve the purposes of those sections, the director of commerce may adopt reasonable rules, not inconsistent with those sections, for contractors and subcontractors engaged in the construction, prosecution, completion, or repair of a public improvement financed in whole or in part by any public authority.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.131 | Contract Disputes.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
In the event of a specific contract dispute concerning a prevailing wage determination, a proper wage classification, or a novel or unusual situation pertaining to sections 4115.03 to 4115.16 of the Revised Code, the director of commerce may, upon request by a public authority or by a person having a contract with a public authority, cause to be made such investigation and hearing as the director deems necessary and render a decision embodying the director's findings and conclusions. Unless finally reversed on appeal to the courts, the decision of the director shall form the basis for decision of any complaint on the same facts filed pursuant to sections 4115.03 to 4115.16 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.132 | Director of Commerce - Investigatory Powers.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
In any investigation undertaken by the director of commerce pursuant to sections 4115.03 to 4115.16 of the Revised Code, the director, a designated representative, or hearing examiner may administer oaths, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, and testimony relating to and relevant to the violation under investigation. In case of contumacy, failure, or refusal of any person, contractor, or subcontractor to obey the order, any court of common pleas having jurisdiction of the person, contractor, or subcontractor, upon application of the director or representative designated by the director shall have jurisdiction to issue to the person, contractor, or subcontractor an order requiring the person, contractor, or subcontractor to appear before the director or a representative designated by the director, to produce evidence as is ordered, and to give testimony relating to the matter under investigation or in question. Any failure to obey an order of the court may be punished by the court as a contempt thereof.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.133 | Filing List of Convicted Contractors, Subcontractors, and Officers of Contractors and Subcontractors.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) The director of commerce shall file with the secretary of state a list of contractors, subcontractors, and officers of contractors and subcontractors who have been prosecuted and convicted for violations of or have been found to have intentionally violated sections 4115.03 to 4115.16 of the Revised Code. The director shall not include on the list a contractor, subcontractor, or officer of a contractor or subcontractor until the expiration of any applicable appeal period relative to the finding, or if appealed, until the date of the final judgment of a court.
(B) Each contractor, subcontractor, or officer of a contractor or subcontractor who has been prosecuted and convicted for violations of or is found to have intentionally violated sections 4115.03 to 4115.16 of the Revised Code is prohibited from contracting directly or indirectly with any public authority for the construction of a public improvement or from performing any work on the same as a contractor, subcontractor, or officer of a contractor or subcontractor for a period of one year from the date of the expiration of the applicable period for filing an appeal, or if appealed, from the date of the final judgment of a court. If the contractor, subcontractor, or officer of a contractor or subcontractor is found to have intentionally violated sections 4115.03 to 4115.16 of the Revised Code another time within five years after the date specified under division (B) of this section, the contractor, subcontractor, or officer of a contractor or subcontractor is prohibited from so contracting or performing work for a period of three years from the date of the expiration of the applicable period for filing an appeal, or if appealed, from the date of the final judgment of a court.
(C) No public authority shall award a contract for a public improvement to any contractor, subcontractor, or officer of a contractor or subcontractor during the time that the contractor's, subcontractor's, or officer's name appears on such list. The filing of the notice of conviction or of the finding with the secretary of state constitutes notice to all public authorities.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.14 | Written Notice of Noncompliance.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
If it is found that a person, public authority, or prevailing wage coordinator has not complied with sections 4115.03 to 4115.16 of the Revised Code, the director of commerce shall give notice thereof in writing to such person or public authority pursuant to section 4115.15 of the Revised Code. Sufficient time shall be allowed for compliance therewith as the director deems necessary not to exceed thirty days from the date of notice.
At the expiration of the time prescribed in such notice, the director shall in writing inform the attorney general of the fact that such notice has been given and that the person, public authority, or prevailing wage coordinator to whom it was directed has not complied with such notice. On receipt thereof, the attorney general shall bring suit in the name of the state in the court of common pleas of the county in which such person, public authority, or prevailing wage coordinator is located to enjoin the awarding of such contract for a public improvement or if the contract has already been awarded to enjoin further work under the contract until the requirements of such notice are complied with.
The court may issue a temporary restraining order without notice to the defendant in such action. Upon final hearing thereof, if the court is satisfied that the requirements of the notice by the director to the defendant was not unreasonable or arbitrary, it shall issue an order enjoining the defendant from awarding such contract for a public improvement or continuing work under the contract until the notice is complied with.
Such injunctions shall continue operative until the court is satisfied that the requirements of such notice have been complied with and the court shall have and exercise with respect to the enforcement of such injunctions all the power invested in it in other similar cases.
Both the plaintiff and defendant in such action have the same rights of appeal as are provided by law in other injunction cases.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.15 | Notice to Halt Work.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
Where an investigation by the director of commerce reveals that a contractor or subcontractor has failed to pay the prevailing rate of wages, the contracting public authority or the director may, upon written notice to the contractor or subcontractor and the sureties of the contractor or subcontractor, and after hearing held pursuant to section 4115.13 of the Revised Code, order work halted on the part of the contract for which less than the prevailing rate of wages has been paid, until the defaulting contractor has filed with the director a bond in an amount of such penal sum as the director shall set, conditioned upon payment of the prevailing rate of wages.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.21 | Time for Filing Complaint.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
A person who files a complaint with the director of commerce alleging a violation of sections 4115.03 to 4115.16 of the Revised Code shall file the complaint within two years after the completion of the public improvement upon which the violation is alleged to have occurred or be barred from further administrative action under this chapter.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.31 | Products and Services of Persons With Severe Disabilities Definitions.

Effective:
October 29, 1995
Latest Legislation:
Senate Bill 162 - 121st General Assembly
As used in sections 4115.31 to 4115.35 of the Revised Code:
(A) "Person with a severe disability" means an individual or class of individuals with a physical disability, including visual impairment, or mental disability, according to criteria established by the state committee for the purchase of products and services provided by persons with severe disabilities.
(B) "Qualified nonprofit agency for persons with severe disabilities" means an agency:
(1) Organized under the laws of the United States or this state, operated in the interest of persons with severe disabilities, and no part of the net income of which inures to the benefit of any shareholder or other individual;
(2) Which is certified as a sheltered workshop, where applicable, by the wage and hour division of the United States department of labor;
(3) Which complies with the applicable occupational health and safety standards required by the laws of the United States or of this state;
(4) Which in the manufacture of products and in the provision of services, whether or not procured under sections 4115.31 to 4115.35 of the Revised Code, employs, during the fiscal year of commodity production or service provision, persons with severe disabilities at a quota not less than seventy-five per cent of the total man hours of direct labor on all production, whether or not government-related.
(C) "Direct labor" includes all work required for preparation, processing, and packing, but not supervision, administration, inspection, and shipping.
(D) "Political subdivision" means a county, township, village, school district, or special purpose district.
(E) "Instrumentality of the state" means any board, commission, authority, public corporation, college, university, or other educational institution, or any other entity supported in whole or in part by funds appropriated by the general assembly.
(F) "Central nonprofit agency" means an agency approved under section 4115.35 of the Revised Code by qualified nonprofit agencies for persons with severe disabilities and the state committee for the purchase of products and services provided by persons with severe disabilities to facilitate the distribution of orders among qualified nonprofit agencies.
(G) "Fair market price" means the price verified under section 4115.33 of the Revised Code by the state committee for the purchase of products and services provided by persons with severe disabilities for all products and site-specific services on the procurement list published under that section.
(H) "Procurement list" means the list of products and site-specific services that state agencies, political subdivisions, and instrumentalities of the state shall procure under sections 4115.31 to 4115.35 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.34 | Procurement Lists.

Effective:
June 30, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
(A) Except as provided in section 4115.36 of the Revised Code, if any state agency, political subdivision, or instrumentality of the state intends to procure any product or service, it shall determine whether the product or service is on the procurement list published pursuant to section 4115.33 of the Revised Code; and it shall, in accordance with rules of the state committee for the purchase of products and services provided by persons with severe disabilities, procure such product or service at the fair market price established by the committee from a qualified nonprofit agency for persons with severe disabilities, if the product or service is on the procurement list and is available within the period required by that agency, subdivision, or instrumentality, notwithstanding any law requiring the purchase of products and services on a competitive bid basis. Sections 4115.31 to 4115.35 of the Revised Code do not apply if the products or services are available for procurement from any state agency, political subdivision, or instrumentality of the state and procurement from such agency, subdivision, or instrumentality is required under any law in effect on August 13, 1976.
(B) The committee and any state agency, political subdivision, or instrumentality of the state may enter into contractual agreements, cooperative working relationships, or other arrangements determined necessary for effective coordination and efficient realization of the objectives of sections 4115.31 to 4115.35 of the Revised Code and any other law requiring procurement of products or services from any state agency, political subdivision, or instrumentality of the state.
(C) Notwithstanding any other section of the Revised Code, or any appropriations act, that may require a state agency, political subdivision, or instrumentality of the state to purchase supplies, services, or materials by means of a competitive bid procedure, state agencies, political subdivisions, or instrumentalities of the state need not utilize the required bidding procedures if the supplies, services, or materials are to be purchased from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.35 | Approval and Audits of Central Nonprofit Agencies.

Effective:
October 29, 1995
Latest Legislation:
Senate Bill 162 - 121st General Assembly
(A) Qualified nonprofit agencies for persons with severe disabilities and the state committee for the purchase of products and services provided by persons with severe disabilities shall approve, through a mutually developed process, and pursuant to rules the committee adopts in accordance with Chapter 119. of the Revised Code, one or more central nonprofit agencies to carry out the intent of sections 4115.31 to 4115.35 of the Revised Code. Each approved central nonprofit agency shall operate in accordance with rules adopted by the committee under division (A)(6) of section 4115.33 of the Revised Code and develop an approved catalogue of products and services that can be supplied by the qualified nonprofit agencies to be purchased by state agencies, political subdivisions, or instrumentalities of the state.
(B) The auditor of state shall audit each central nonprofit agency approved under division (A) of this section at least annually.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.36 | Sunset Provision for Rc Sections 4115.31 to 4115.35.

Effective:
June 30, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
Sections 4115.31 to 4115.35 of the Revised Code have no effect after the director of administrative services abolishes the state committee for the purchase of products and services provided by persons with severe disabilities. Upon abolishment of the committee, sections 125.60 to 125.6012 of the Revised Code shall govern the procurement of products and services provided by persons with work-limiting disabilities from qualified nonprofit agencies.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4115 | Wages and Hours on Public Works › Section 4115.99 | Penalty.

Effective:
August 25, 1976
Latest Legislation:
House Bill 1304 - 111th General Assembly
(A) Whoever violates section 4115.08 or 4115.09 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars.
(B) Whoever violates division (C) of section 4115.071, section 4115.10, or 4115.11 of the Revised Code is guilty of a misdemeanor of the second degree for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4116 | Unlawful Labor Requirements in Public Improvement Contracts › Section 4116.02 | Labor Requirements Not to Be Imposed on Contractor or Subcontractor.

Effective:
October 11, 1999
Latest Legislation:
House Bill 101 - 123rd General Assembly
A public authority, when engaged in procuring products or services, awarding contracts, or overseeing procurement or construction for public improvements, shall ensure that bid specifications issued by the public authority for the proposed public improvement, and any subsequent contract or other agreement for the public improvement to which the public authority and a contractor or subcontractor are direct parties, do not require a contractor or subcontractor to do any of the following:
(A) Enter into agreements with any labor organization on the public improvement;
(B) Enter into any agreement that requires the employees of that contractor or subcontractor to do either of the following as a condition of employment or continued employment:
(1) Become members of or affiliated with a labor organization;
(2) Pay dues or fees to a labor organization.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4116 | Unlawful Labor Requirements in Public Improvement Contracts › Section 4116.03 | Public Authority - Prohibited Acts.

Effective:
October 11, 1999
Latest Legislation:
House Bill 101 - 123rd General Assembly
No public authority shall do any of the following:
(A) Award a contract for a public improvement in violation of section 4116.02 of the Revised Code;
(B) Discriminate against any bidder, contractor, or subcontractor for refusing to become a party to any agreement with any labor organization on the public improvement that currently is under bid or on projects related to that improvement;
(C) Otherwise violate section 4116.02 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4116 | Unlawful Labor Requirements in Public Improvement Contracts › Section 4116.04 | Complaints - Attorney Fees.

Effective:
October 11, 1999
Latest Legislation:
House Bill 101 - 123rd General Assembly
(A) An interested party may file a complaint against a contracting public authority alleging a violation of section 4116.02 or 4116.03 of the Revised Code within two years after the date on which the contract is signed for the public improvement in the court of common pleas of the county in which the public improvement is performed. The performance of the contract forms the basis of the allegation of a violation. The court in which the complaint is filed shall hear and decide the case and, upon a finding that a violation has occurred, shall void the contract and make any orders that will prevent further violations.
The Rules of Civil Procedure govern all actions under this section. Any determination of a court under this section is subject to appellate review.
(B) If, pursuant to this section, a court finds a violation of section 4116.02 or 4116.03 of the Revised Code, the court may award reasonable attorney's fees, court costs, and any other fees incurred in the course of the civil action to the prevailing plaintiff.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.03 | Rights of Public Employees.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153, Senate Bill 171 - 129th General Assembly
(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) Employees of public schools may bargain collectively for health care benefits.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.04 | Public Employers Exclusive Representative.

Effective:
September 29, 1995
Latest Legislation:
House Bill 117 - 121st General Assembly
(A) Public employers shall extend to an exclusive representative designated under section 4117.05 of the Revised Code, the right to represent exclusively the employees in the appropriate bargaining unit and the right to unchallenged and exclusive representation for a period of not less than twelve months following the date of certification and thereafter, if the public employer and the employee organization enter into an agreement, for a period of not more than three years from the date of signing the agreement. For the purposes of this section, extensions of agreements shall not be construed to affect the expiration date of the original agreement.
(B) A public employer shall bargain collectively with an exclusive representative designated under section 4117.05 of the Revised Code for purposes of Chapter 4117. of the Revised Code.
When the state employment relations board notifies a public employer that it has certified an employee organization as exclusive representative for a unit of its employees, the public employer shall designate an employer representative and promptly notify the board and the employee organization of his identity and address. On certification, the employee organization shall designate an employee representative and promptly notify the board and the public employer of his identity and address. The board or any party shall address to the appropriate designated representative all communications concerned with collective relationships under Chapter 4117. of the Revised Code. In the case of municipal corporations, counties, school districts, educational service centers, villages, and townships, the designation of the employer representative is as provided in division (C) of section 4117.10 of the Revised Code. The designated representative of a party may sign agreements resulting from collective bargaining on behalf of his designator; but the agreements are subject to the procedures set forth in Chapter 4117. of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.08 | Matters Subject to Collective Bargaining.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
(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.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.101 | Prohibiting Agreements Contrary to Community School Provisions.

Effective:
April 8, 2003
Latest Legislation:
House Bill 364 - 124th General Assembly
Notwithstanding sections 4117.08 and 4117.10 of the Revised Code, no agreement entered into under this chapter may contain any provision that in any way limits the effect or operation of Chapter 3314. of the Revised Code or limits the authority of a school district board of education, or the governing board of an educational service center described in division (C)(1)(d) of section 3314.02 of the Revised Code, to enter into a contract with a community school under that chapter. However, nothing in this section shall be construed to prohibit an agreement entered into under this chapter from containing requirements and procedures governing the reassignment of teachers who are employed in a school at the time it is converted to a community school pursuant to Chapter 3314. of the Revised Code and who do not choose or are not chosen to teach in that community school.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.102 | List of School Districts With Agreements With Teacher Employee Organizations.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The state employment relations board shall compile a list of the school districts in the state that have filed with the board agreements entered into with teacher employee organizations under this chapter. The board shall annually update the list to reflect, for each district, for the current fiscal year, the starting salary in the district for teachers with no prior teaching experience who hold bachelors degrees. The board shall send a copy of each annually updated list to the department of education and workforce.
Last updated September 12, 2023 at 11:09 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.103 | Contract May Not Prohibit District Board From Utilizing Volunteers.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Notwithstanding any provision of section 4117.08 or 4117.10 of the Revised Code to the contrary, no agreement entered into under this chapter on or after September 29, 2005, shall prohibit a school district board of education from utilizing volunteers to assist the district and its schools in performing any of their functions, other than functions for which a license, permit, certificate, or registration issued by the state board of education under section 3301.074 or Chapter 3319. of the Revised Code or a certificate issued under division (A) or (B) of section 3327.10 of the Revised Code is required.
Last updated August 24, 2021 at 2:08 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.15 | Strike - Injunction.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Whenever a strike by members of a police or fire department, members of the state highway patrol, deputy sheriffs, dispatchers employed by a police, fire, or sheriff's department or the state highway patrol or civilian dispatchers employed by a public employer other than a police, fire, or sheriff's department to dispatch police, fire, sheriff's department, or emergency medical or rescue personnel and units, an exclusive nurse's unit, employees of Ohio deaf and blind education services, employees of any public employee retirement system, correction officers, guards at penal or mental institutions, or special police officers appointed in accordance with sections 5119.08 and 5123.13 of the Revised Code, psychiatric attendants employed at mental health forensic facilities, youth leaders employed at juvenile correctional facilities, or members of a law enforcement security force that is established and maintained exclusively by a board of county commissioners and whose members are employed by that board, a strike by other public employees during the pendency of the settlement procedures set forth in section 4117.14 of the Revised Code, or a strike during the term or extended term of a collective bargaining agreement occurs, the public employer may seek an injunction against the strike in the court of common pleas of the county in which the strike is located.
(B) An unfair labor practice by a public employer is not a defense to the injunction proceeding noted in division (A) of this section. Allegations of unfair labor practices during the settlement procedures set forth in section 4117.14 of the Revised Code shall receive priority by the state employment relations board.
(C) No public employee is entitled to pay or compensation from the public employer for the period engaged in any strike.
Last updated August 7, 2023 at 1:21 PM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.16 | Temporary Restraining Order Enjoining Strike.

Effective:
April 1, 1984
Latest Legislation:
Senate Bill 133 - 115th General Assembly
(A) Whenever the public employer believes that a lawful strike creates clear and present danger to the health or safety of the public, the public employer may petition the court of common pleas having jurisdiction over the parties to issue a temporary restraining order enjoining the strike. If the court finds probable cause to believe that the strike may be a clear and present danger to the public health or safety, it has jurisdiction to issue a temporary restraining order, not to exceed seventy-two hours, enjoining the strike.
Should a court issue a temporary restraining order, the public employer shall immediately request authorization of the state employment relations board to enjoin the strike beyond the effective period of the temporary restraining order. The board shall determine within the effective period of the temporary restraining order whether the strike creates a clear and present danger to the health or safety of the public.
If the board finds that a clear and present danger exists, the common pleas court which issued the temporary restraining order has jurisdiction to issue orders to further enjoin the strike. However, the court shall make provisions in any injunction or other order issued beyond the temporary restraining order for the automatic termination of the injunction or other order at the end of sixty days following the end of the temporary restraining order or when an agreement is reached, whichever occurs first. Thereafter, no court has jurisdiction to issue any further injunction or other orders pursuant to this section. The order of the court is appealable as provided in the Appellate Rules.
(B) Whenever a court of common pleas has issued an order, other than a temporary restraining order, under division (A) of this section enjoining acts or practices which create a clear and present danger to the public health or safety, the parties to the labor dispute giving rise to the order shall engage in collective bargaining for a period of sixty days from the date of the order or until agreement is reached, whichever occurs first. The parties shall collectively bargain with the assistance of a mediator appointed by the board. The mediator, at his discretion, may require that the parties collectively bargain in public or in private. At any time after there has been forty-five days of collective bargaining and no agreement has been reached, the mediator may make public a report on the current position of the parties to the dispute and the efforts which have been made for settlement. The report shall include a statement by each party of its position and a statement of the employee organization's and public employer's offers of settlement.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.17 | Board Proceedings Are Public Records.

Effective:
April 1, 1984
Latest Legislation:
Senate Bill 133 - 115th General Assembly
Formal charges, petitions, complaints, orders, evidence, fact-finding recommendations, and other proceedings instituted by the state employment relations board under Chapter 4117. of the Revised Code are public records and available for inspection or copying subject to rules made by the board. All hearings on complaints or petitions pursuant to Chapter 4117. of the Revised Code are open to the public.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.18 | Prohibited Acts.

Effective:
September 21, 1995
Latest Legislation:
House Bill 200 - 121st General Assembly
(A) No person shall purposely refuse to obey an order issued by a court of competent jurisdiction under Chapter 4117. of the Revised Code.
(B) No person shall purposely refuse to obey a lawful order of the state employment relations board, nor shall any person prevent or attempt to prevent any member of the board or any agent of the board from performing his lawful duties.
(C) No public employee shall engage in any unauthorized strike.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.20 | Prohibiting Conflict of Interest in Bargaining.

Effective:
April 1, 1984
Latest Legislation:
Senate Bill 133 - 115th General Assembly
(A) No person who is a member of the same local, state, national, or international organization as the employee organization with which the public employer is bargaining or who has an interest in the outcome of the bargaining, which interest is in conflict with the interest of the public employer, shall participate on behalf of the public employer in the collective bargaining process except that the person may, where entitled, vote on the ratification of an agreement.
(B) The public employer shall immediately remove from his role, if any, in the collective bargaining negotiations or in any matter in connection with negotiations any person who violates division (A) of this section.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.21 | Collective Bargaining Meetings Private.

Effective:
April 1, 1984
Latest Legislation:
Senate Bill 133 - 115th General Assembly
Collective bargaining meetings between public employers and employee organizations are private, and are not subject to section 121.22 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.22 | Chapter Liberally Construed.

Effective:
April 1, 1984
Latest Legislation:
Senate Bill 133 - 115th General Assembly
Chapter 4117. of the Revised Code shall be construed liberally for the accomplishment of the purpose of promoting orderly and constructive relationships between all public employers and their employees.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.23 | Unauthorized Strikes.

Effective:
April 1, 1984
Latest Legislation:
Senate Bill 133 - 115th General Assembly
(A) In the case of a strike that is not authorized in accordance with this chapter, the public employer may notify the state employment relations board of the strike and request the board to determine whether the strike is authorized under Chapter 4117. of the Revised Code. The board shall make its decision within seventy-two hours of receiving the request from the public employer.
(B) If the board determines that the strike is not authorized then the public employer:
(1) May remove or suspend those employees who one day after notification by the public employer of the board decision that a strike is not authorized continue to engage in the nonauthorized strike; and
(2) If the employee is appointed or reappointed, employed, or reemployed, as a public employee, within the same appointing authority, may impose the following conditions:
(a) The employee's compensation shall in no event exceed that received by him immediately prior to the time of the violation.
(b) The employee's compensation is not increased until after the expiration of one year from the appointment or reappointment, employment, or reemployment.
(3) Shall deduct from each striking employee's wages, if the board also determines that the public employer did not provoke the strike, the equivalent of two days' wages for each day the employee remains on strike commencing one day after receiving the notice called for in division (B)(1) of this section. The employer shall give the employee credit for wages not paid after that point in time due to the employee's absence from his place of employment because he is on strike.
Any penalty that is imposed upon the employee, except for the penalty imposed under division (B)(3) of this section, may be appealed to the board. The board may modify, suspend, or reverse the penalty imposed by the public employer, if the board does not find that the penalties are appropriate to the situation; the imposition of a penalty is appealable to the court.
Notwithstanding the provision in this section that authorizes certain penalties to commence one day after a public employee is notified that the board has determined the employee is engaged in an unauthorized strike, the board may authorize the public employer, if the public employer requests it, to impose the penalties contained in this section retroactive to the date the unauthorized strike commences.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4117 | Public Employees' Collective Bargaining › Section 4117.24 | Training and Publications Fund.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The training, publications, and grants fund is hereby created in the state treasury. The state employment relations board shall deposit into the training, publications, and grants fund all moneys received from the following sources:
(1) Payments received by the state employment relations board for copies of documents, rulebooks, and other publications;
(2) Fees received from seminar participants;
(3) Receipts from the sale of clearinghouse data;
(4) Moneys received from grants, donations, awards, bequests, gifts, reimbursements, and similar funds;
(5) Reimbursement received for professional services and expenses related to professional services;
(6) Funds received to support the development of labor relations services and programs;
(7) Moneys received by the state personnel board of review pursuant to division (C) of section 124.03 of the Revised Code.
(B) The state employment relations board shall use all moneys deposited into the training, publications, and grants fund to defray all of the following:
(1) The costs of furnishing and making available copies of documents, rulebooks, and other publications;
(2) The costs of planning, organizing, and conducting training seminars;
(3) The costs associated with grant projects, innovative labor-management cooperation programs, research projects related to these grants and programs, and the advancement in professionalism of public sector relations;
(4) The professional development of state employment relations board employees;
(5) The costs of compiling clearinghouse data;
(6) The cost of producing the administrative record of the state personnel board of review.
The state employment relations board may seek, solicit, apply for, receive, and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held for, used for, and applied to only the purpose for which the grants, gifts, and contributions are made, from individuals, private and public corporations, the United States or any agency thereof, the state or any agency thereof, and any political subdivision of the state, and may enter into any contract with any such public or private source in connection therewith to be held for, used for, and applied to only the purposes for which such grants are made and contracts are entered into, all subject to and in accordance with the purposes of this chapter. Any money received from the grants, gifts, contributions, or contracts shall be deposited into the training, publications, and grants fund.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.021 | Industrial Commission Operating Fund.

Effective:
September 29, 2023
Latest Legislation:
House Bill 31 - 135th General Assembly
The industrial commission operating fund is hereby created in the state treasury. The fund shall consist of all moneys transferred to the fund pursuant to division (B) of section 4123.342 of the Revised Code. Revenues credited to the fund shall be used for those costs solely attributable to the activities of the commission.
Last updated August 3, 2023 at 10:41 AM
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.08 | Expenses.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
The members of the industrial commission, the administrator of workers' compensation, and employees and deputies of the commission and the bureau of workers' compensation are entitled to receive from the state their necessary and actual expenses while traveling on business of the commission or the bureau, either within or without the state. The expenses shall be presented in an account verified by the person who incurred the expense, approved by the chairman of the commission for commission personnel and the administrator for bureau personnel, and shall be audited and paid as other similar expenses are audited and paid.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.09 | Official Seal.

Effective:
June 30, 1997
Latest Legislation:
House Bill 362 - 122nd General Assembly
The industrial commission shall have an official seal for the authentication of its orders and proceedings, upon which seal shall be engraved "The Industrial Commission of Ohio," and such other design as the commission prescribes. The courts in this state shall take judicial notice of such seal, and in all cases copies of orders, proceedings, or records in the office of the commission, certified by the executive director of the commission under its seal, shall be equal to the original as evidence.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.10 | Session of Industrial Commission Continuous and Open to Public - Records of Proceedings.

Effective:
August 25, 2006
Latest Legislation:
Senate Bill 7 - 126th General Assembly
The industrial commission shall be in continuous session and open for the transaction of business during all business hours of every day excepting Sundays and legal holidays. The sessions of the commission shall be open to the public and shall stand and be adjourned without further notice thereof on its record. All of the proceedings of the commission shall be shown on its record, which shall be a public record except as provided in section 4123.88 of the Revised Code, and all voting shall be had by calling the name of each member of the industrial commission by the executive director, and each member's vote shall be recorded on the record of proceedings as cast. The commission shall keep a separate record of its proceedings relative to claims coming before it for compensation for injured and the dependents of killed employees, which record shall contain its findings and the award in each such claim for compensation considered by it, and in all such claims the reasons for the allowance or rejection thereof shall be stated in said record.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation › Section 4121.11 | Bureau Rules of Procedure.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
Subject to any applicable sections of sections 4101.01 to 4101.16 and 4121.01 to 4121.29 of the Revised Code, the bureau of workers' compensation may adopt its own rules of procedure and may change the same in its discretion.