Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-03 - Mutually agreed-upon dispute settlement procedure

Current through all regulations passed and filed through July 1, 2024
(A) The parties may, at any time, agree to
			 submit any or all issues in dispute to any mutually agreed-upon dispute
			 settlement procedure authorized by section
			  4117.14  of the Revised Code,
			 which procedure shall supersede the procedures set forth in rules 4117-9-04, 4117-9-05, and 4117-9-06 of  the Administrative Code, and in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14  of the Revised Code.
(B) A mutually agreed-upon dispute
			 settlement procedure shall be ,
filed via electronic mail with the
				board within five days of its execution. Where a mutually agreed-upon dispute
				settlement procedure is a provision in an existing collective bargaining
				agreement, a copy of the provision shall be filed with the notice to negotiate,
				and the notice shall contain a citation to the pertinent provision of the
				collective bargaining agreement.
(C) For employees who are prohibited from
			 striking under division (D)(1) of section
			  4117.14  of the Revised Code, a
			 mutually agreed-upon dispute settlement procedure must provide for final and
			 binding resolution of disputed issues by a neutral third party. The procedure
			 shall not permit or attempt to permit the employees to strike.
(D) For employees who are permitted to strike
			 under division (D)(2) of section
			  4117.14  of the Revised Code, a
			 mutually agreed-upon dispute settlement procedure may provide for final and
			 binding resolution of issues by a neutral third party. In such a procedure, the
			 employee organization waives its right to strike.
(E) A mutually agreed-upon dispute settlement
			 procedure shall not require any action by the board or impose any obligation
			 upon the board. Parties to the mutually agreed-upon
			 dispute settlement procedure shall regularly, or upon request, keep the board
			 informed of the status and/or progress of the mutually agreed-upon dispute
			 settlement procedure via electronic mail. Either party to the mutually
			 agreed-upon dispute settlement procedure may, upon showing of good cause, move
			 the board to declare the mutually agreed-upon dispute settlement procedure
			 concluded and to reassert jurisdiction. The board in its discretion will
			 determine the point at which the parties will enter the statutory
			 procedure. Pursuant to a mutually agreed-upon procedure and upon written
			 request, the board will provide a list of neutrals for use by the parties.
(F)
								Parties may, by
			 agreement filed via electronic mail with the board, abandon a mutually
			 agreed-upon dispute settlement procedure and jointly move for application
			 of the statutory dispute settlement procedure set forth in divisions (C)(2) to
			 (C)(6), (D), and (G) of section
			  4117.14  of the Revised Code.
								 If the parties enter into a
			 mutually agreed-upon dispute settlement procedure during pendency of the
			 statutory procedure, board involvement ceases under the statutory procedure.
(G)
								
								The parties may mutually agree and
			 notify the board via electronic mail, to extend timelines for voting on a
			 fact-finder's report, establish methods of delivery of reports, establish a
			 rate of pay in excess of the rate established by the board, designate another
			 agency to provide mediation services, or by mutual agreement, modify other
			 non-substantive procedural requirements without entering into a mutually
			 agreed-upon dispute settlement process.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.14
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05,
				10/25/10