Chapter 4117-13 Strikes

4117-13-01 Notice of intent to strike.

(A) A notice of intent to strike must be filed with the board and received by the employer no later than ten days prior to the anticipated strike date.

(B) The notice shall be in writing and state:

(1) The date and time at which the intended strike will commence;

(2) The name and address of the exclusive representative of any employees who may be involved in the strike;

(3) The name and address of the employer;

(4) The general description of the unit of employees intending to strike;

(5) Whether a collective bargaining agreement covering the employees is or was in effect, and if so, the date of expiration or extensions; and

(6) Proof of service on the employer, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.

(C) The board will not make a determination as to the sufficiency of a notice of intent to strike except in response to a request for determination of an unauthorized strike or in the context of an unfair labor practice charge.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.11 , 4117.14 , 4117.23
Prior Effective Dates: 5/18/87.

4117-13-02 Request for board determination of unauthorized strike.

(A) An employer that believes that its employees are engaging in a strike that is not authorized by Chapter 4117. of the Revised Code may request from the board a determination of whether the strike is authorized.

(B) The request shall be in writing and shall state:

(1) The name and address of the employer;

(2) The name and address of the exclusive representative of any employees involved in a strike;

(3) The name and address of any other employee organization participating in the strike in any manner, if known;

(4) The names and addresses, if known and job classifications or functions of the striking employees;

(5) The date the strike commenced;

(6) The approximate number of employees on strike and the nature of the strike activity involved;

(7) Whether a collective bargaining agreement covering any striking employee is or was in effect, and, if so, the date of expiration or extensions;

(8) Whether written notice of the intent to strike was given by the employee organization or employees and when such notice was given, together with a copy of the notice;

(9) Efforts that have been made to resolve the dispute, including any statutory or alternate dispute resolution procedures followed by the parties;

(10) A brief statement of why the strike is not authorized;

(11) The case numbers of any pending SERB cases relating to issues associated with the strike; and

(12) Proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code on the employee organization or employee organizations representing the striking employees.

(C) In the case of a wildcat strike or a strike by unorganized employees, the employer shall post copies of the request in conspicuous locations where employees will be reasonably apprised of the contents.

(D) Immediately upon receipt of the request, the employee organization may file with the board and serve on the employer a brief written response to the employer's request.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.14 , 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.

4117-13-03 Procedures in determining whether strike is unauthorized.

The board shall follow procedures it deems necessary to reach a determination as to whether a strike is unauthorized. Such procedures include, but are not limited to, investigation, evidential hearings, and oral argument.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.

4117-13-04 Notice to striking employees.

Upon receipt of a determination by the board that a strike is not authorized under Chapter 4117. of the Revised Code, the employer shall take reasonable steps to notify all striking employees of such determination at least one day prior to the imposition of the penalties provided in section 4117.23 of the Revised Code.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.

4117-13-05 Penalties for unauthorized strikes; notice and hearing.

(A) 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 unauthorized strike; and

(2) If the employee is appointed or reappointed, employed, or reemployed, as a public employee, with the same appointing authority, may impose the following conditions:

(a) The employee's compensation shall in no event exceed that received by him or her 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 rule 4117-13-03 of the Administrative Code. The employer shall give the employee credit for wages not paid after that point in time due to the employee's absence from the place of employment because the employee is on strike.

(B) If an employer imposes a penalty upon an employee pursuant to paragraph (A) of this rule, it shall serve notice of such action upon the employee, the exclusive representative, if any, and the board on or before the date on which the action is to be effective. The notice shall advise the employee of the right to appeal to the board. The employee shall have ten days from receipt of notice to appeal to the board.

(C) After receipt of a timely appeal, the board may conduct a hearing to determine whether the penalty imposed by the employer is appropriate to the situation. If the board finds that the penalty is not appropriate, it may suspend, modify, or reverse the penalty.

(D) Pursuant to division (B)(3) of section 4117.23 of the Revised Code, and upon the employer's written request, the board may authorize the public employer to impose the penalties stated in this rule and under division (B) of section 4117.23 of the Revised Code retroactively to the date the unauthorized strike commenced.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.

4117-13-06 Request for board determination of a clear and present danger to the public health or safety.

(A) When a court of common pleas has issued a temporary restraining order enjoining a strike and has found probable cause to believe that it poses a clear and present danger to the public health or safety, an employer shall file with the board a written request for a determination of whether the strike in fact poses a clear and present danger.

(B) Copies of the temporary restraining order and the motion for temporary restraining order must be attached to the request. The request shall state:

(1) The name and address of the employer;

(2) The name and address of the exclusive representative of any employees involved in the strike;

(3) The name and address of any other employee organization participating in the strike in any manner, if known;

(4) The names and addresses, if known, and job classifications or functions of the striking employees;

(5) The date the strike commenced;

(6) The approximate number of employees on strike and the nature of the strike activity involved;

(7) A brief statement of why the strike poses a clear and present danger to the public health or safety; and

(8) Proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code to the employee organization or employee organizations representing the striking employees.

(C) In the case of a wildcat strike or a strike by unorganized employees, the employer shall post copies of the request in conspicuous locations where employees will be reasonably apprised of the contents.

(D) Immediately upon receipt of the request, the employee organization may file with the board and serve on the employer a brief written response to the employer's request.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.16
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.

4117-13-07 Procedures in determining whether strike creates clear and present danger.

(A) Prior to expiration of the temporary restraining order, the board shall determine whether the strike creates a clear and present danger to the health or safety of the public. The board shall follow procedures to reach a determination, including, but not limited to, evidential hearings, oral argument, and investigation. The board shall issue and certify to the appropriate court of common pleas a written summary of its findings and determination.

(B) If the board determines that a strike creates a clear and present danger to the public health or safety and a court has ordered the strike further enjoined, the employer and the employee organization or employee organizations representing the striking employees shall immediately engage in collective bargaining with the assistance of a board-appointed mediator.

(C) The mediator, at his or her discretion, may require that the parties bargain in private.

(D) After forty-five days of collective bargaining, if no agreement has been reached, the mediator may make public a report stating the current positions of the parties and the efforts that have been made for settlement. The report shall include a statement by each party of its position and its offers of settlement.

R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.16 , 4117.21
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.