Chapter 4117-9 Negotiations

(A) The board will accept written applications or nominations for individuals to be included in the SERB register of neutrals. The board may require applicants or nominees to provide references and information concerning current employment, relevant experience, and ability to function as a neutral. For the cost of copying and mailing, a copy of the biography of any neutral may be obtained from the board upon written request.

(B) Pursuant to the dispute resolution procedures of section 4117.14 of the Revised Code, the board will appoint fact finders and conciliators from the SERB register of neutrals. For negotiations proceeding under alternate settlement procedures as provided in rule 4117-9-03 of the Administrative Code, the board will make available, upon written request, lists of neutrals from which the parties may select fact finders, conciliators, or arbitrators.

(C) The board shall establish a maximum rate per day, a maximum limit for actual and necessary expenses, and a maximum charge, if any, for cancellation fees to compensate fact finders and conciliators for their services under the statutory dispute settlement procedures. Expenses must be documented with receipts. For purposes of this rule only, “day” means any calendar day in which the neutral provides eight hours of service relevant to the assignment. A portion of a day of service shall be compensated at an hourly rate established by the board. Hours of service may include time spent by the neutral preparing for and scheduling hearings. A party who fails to pay a neutral’s fee within sixty days of issuance of the neutral’s bill must also pay to the neutral a late fee of ten per cent of the neutral’s fee that was assessed to that party.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 7-1-96; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

(A) Any public employer or exclusive representative desiring to terminate, modify, or reopen an existing collective bargaining agreement or negotiate a successor collective bargaining agreement shall, not less than sixty days prior to the expiration date of the existing agreement, or, if there is no relevant expiration date, not less than sixty days prior to the time of the proposed effective date of the termination, successor agreement, modification, or adjustments resulting from a reopener:

(1) Serve written notice stating such desire upon the other party and file a copy of the notice to negotiate with the board with citation to duration, renegotiation, or impasse resolution provisions of the current collective bargaining agreement;

(2) Offer to bargain collectively with the other party for the purpose of modifying, reopening, or terminating any existing agreement or negotiating a successor agreement; and

(3) File with the board a copy of the existing collective bargaining agreement or a certification that the current agreement previously has been filed with the board.

(B) Where a collective bargaining agreement has not been in effect between an employer and a newly certified exclusive representative, the employer or exclusive representative may, at any time after the board votes to certify the exclusive representative, file with the board and serve notice upon the other party offering to meet, for a period of ninety days, with the other party for the purpose of negotiating a collective bargaining agreement. Such notice shall set forth the name and address of the party and the name, address, and telephone number of its principal representative.

(C) Where the filing party wishes to engage in multi-unit bargaining, the party shall file a separate notice to negotiate for each unit. With the notices to negotiate, the party shall file with the board and serve upon the other party a written notice of the party’s desire to engage in multi-unit bargaining. Agreement with the proposed multi-unit bargaining must be filed with the board and served upon the other party within ten days of service of the notice or the board will consider the parties to be engaging in single-unit bargaining.

(D) For purposes of Chapter 4117-9 of the Administrative Code, “negotiation period” means:

(1) For negotiations in anticipation of the expiration of a current collective bargaining agreement, the period of sixty days after the notice to negotiate is served upon the other party and filed with the board, or the sixty-day period preceding the expiration of the collective bargaining agreement, whichever period expires later;

(2) For a newly certified employee organization that has not been a party to a collective bargaining agreement with the employer, the period of ninety days after the notice to negotiate is served upon the other party and filed with the board;

(3) For collective bargaining negotiations under a reopener provision of an effective collective bargaining agreement, the period of sixty days after the notice to negotiate is served upon the party and filed with the board, unless the parties specify by mutual agreement an alternate sixty-day negotiation period and identify the date on which the negotiation period ends.

(E) Except as the parties may modify the negotiation process by mutually agreed-upon dispute settlement procedures, the parties shall continue in full force and effect all the terms and conditions of any existing collective bargaining agreement, without resort to strike or lockout, for a period of sixty days after the party gives notice, until the expiration date of the collective bargaining agreement, or the statutory dispute settlement procedures are exhausted, whichever occurs later.

(F) Following the filing of a notice to negotiate, the board will continue with the timely application of the statutory procedure set forth in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14 of the Revised Code unless:

(1) The parties are subject to a mutually agreed-upon dispute settlement procedure pursuant to rule 4117-9-03 of the Administrative Code;

(2) A motion to stay for good cause shown is granted by the board; or

(3) The parties file with the board a joint written notification of settlement or tentative agreement. In the event of written notification of a tentative settlement, the board shall suspend the statutory dispute settlement procedure until notified in writing by either party that the tentative agreement has been rejected. The board may delegate to the administrator of the bureau of mediation or the executive director authority to suspend procedures in accordance with this paragraph.

(G) A notice to negotiate or motion relating to a notice to negotiate shall not be accepted for filing with the board unless it contains proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

(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 in writing, signed by representatives of both parties, and filed 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. 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) Except as provided in paragraphs (G) and (L) of rule 4117-9-05 of the Administrative Code, any mutually agreed-upon deviation from the timelines or procedures 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 must be in writing and shall constitute a mutually agreed-upon dispute settlement procedure and shall be subject to the provisions of this rule. 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) Parties may, by written agreement filed 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. The joint motion must contain a commitment by the parties to complete the statutory procedure without deviation and without reinstitution of a mutually agreed-upon dispute settlement procedure. The board in its discretion will determine the stage at which the parties will enter the statutory procedure.

(H) If the parties are in dispute as to the existence of a mutually agreed-upon settlement procedure, the board shall implement the statutory procedure set forth in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14 of the Revised Code. Upon motion, the board in its discretion may stay the statutory procedure pending resolution of the dispute and direct a hearing to resolve the dispute and to determine whether a mutually agreed-upon settlement procedure or the statutory procedure applies.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, mediation shall be conducted in accordance with these terms:

(A) At any time subsequent to the serving and filing of the notice to negotiate pursuant to paragraph (A), (B), or (C) of rule 4117-9-02 of the Administrative Code, the parties may, by mutual written agreement, notify the board of existence of an impasse. Upon receipt of the parties’ notification of impasse, the board shall appoint a mediator to assist the parties in the collective bargaining process.

(B) Forty-five days prior to the expiration of the negotiation period, if a mediator has not already been appointed pursuant to paragraph (A) of this rule, the board shall appoint a mediator to assist the parties in the collective bargaining process.

(C) The board may continue mediation at any time, order the parties to engage in collective bargaining until the expiration of the negotiation period, or both.

(D) Upon board appointment, the mediator is available to assist the parties until a settlement is reached in negotiations.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

When the statutory procedures of division (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be conducted in accordance with these terms:

(A) Subsequent to receipt of a written request for fact-finding and to the appointment of a mediator, the board shall send to the parties a list of five fact finders from the board’s register of neutrals. Other than a joint request signed by the parties, a written request for fact-finding must be filed with the board, served upon the other party, and include proof of service pursuant to rule 4117-1-02 of the Administrative Code. A second list shall be issued only pursuant to a written statement showing good cause.

(B) Not later than seven days after the date that the board sent to the parties a list of fact finders, the parties shall submit in writing to the board a mutually selected fact-finding panel of one or three members. The names of mutually selected alternates to the preferred panel also shall be submitted in writing to the board at this time. Such selections shall be made by alternate striking of the names, unless the parties mutually agree to another means of selection. If the parties cannot agree to the number of members on the panel, the board shall appoint a one-member panel.

(C) The parties may mutually select any fact finder from the board’s register of neutrals instead of selecting from the list provided by the board. However, selection of a fact finder not listed on the register shall constitute a mutually agreed-upon dispute settlement procedure and preclude appointment of the fact-finding panel by the board.

(D) Upon receipt of notice of the fact-finding panel selected by the parties, the board shall appoint a fact-finding panel consisting of one or three members no later than fifteen days after receipt of the request for fact-finding or the appointment of a mediator, whichever occurs later. If the parties have not submitted a selected fact-finding panel to the board within the time designated in these rules, the board shall, in its sole discretion, appoint a fact-finding panel consisting of one member.

(E) In those cases where selected fact finders are unavailable, the board shall appoint a fact finder at its discretion.

(F) Pursuant to division (C)(3)(a) of section 4117.14 of the Revised Code, upon notice of appointment of the fact-finding panel and prior to the hearing, each party shall submit to the fact-finding panel and serve on the other party a written statement. A failure to submit such a written statement to the fact finder and the other party prior to the day of the hearing shall cause the fact-finding panel to take evidence only in support of matters raised in the written statement that was submitted prior to the hearing. The statement shall include:

(1) The name of the party and the name, address, and telephone number of the principal representative of the party;

(2) A description of the bargaining unit including the approximate number of employees;

(3) A copy of the current collective bargaining agreement, if any; and

(4) A statement defining all unresolved issues and summarizing the position of the party with regard to each unresolved issue.

(G) The parties may mutually agree to an extension of the statutory fact-finding timelines at any time subsequent to the appointment of the fact-finding panel. An extension must be in writing, specific as to duration, signed by both parties, and submitted to the panel and filed with the board within five days of its execution. An extension may be continued, provided the original extension procedures are followed. The fact-finding panel has no authority to extend the statutory timelines absent mutual agreement of the parties.

(H) The fact-finding panel must hold an evidential hearing except that the parties may stipulate facts and waive hearing. For purposes of hearing, the fact-finding panel shall have the power to regulate the time, place, course, and conduct of the hearing, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and request the board to issue subpoenae to compel attendance of witnesses and the production of books, papers, and records relating to any matter before the fact-finding panel. The fact-finding panel may not choose a hearing location at a cost to the parties unless the parties fail to agree to an alternate cost-free location. Costs associated with a meeting room shall be the obligation of the parties.

(I) Fact-finding hearings are to be held in private.

(J) The fact-finding panel, in making findings of fact, shall take into consideration all reliable information relevant to the issues before the fact-finding panel.

(K) The fact-finding panel, in making recommendations, shall take into consideration the following factors pursuant to division (C)(4)(e) of section 4117.14 of the Revised Code:

(1) Past collectively bargained agreements, if any, between the parties;

(2) Comparison of the unresolved issues relative to the employees in the bargaining unit with those issues related to other public and private employees doing comparable work, giving consideration to factors peculiar to the area and classification involved;

(3) The interest and welfare of the public, the ability of the public employer to finance and administer the issues proposed, and the effect of the adjustments on the normal standard of public service;

(4) The lawful authority of the public employer;

(5) Any stipulations of the parties;

(6) Such other factors, not confined to those listed above, which are normally or traditionally taken into consideration in the determination of issues submitted to mutually agreed-upon dispute settlement procedures in the public service or in private employment.

(L) No later than fourteen days after the appointment of the fact-finding panel, unless the parties mutually agree in writing to an extension, the fact-finding panel, acting by a majority of its members, shall serve on the parties and the board written findings of fact, written recommendations on the unresolved issues, and a separate summary of each recommendation. Any subsequent change or adjustment by the fact-finding panel in the fact-finding report must be based upon error or omission and must be submitted by the fact-finding panel to the board for consideration and imposition of new time periods.

(M) Immediately upon receipt, the exclusive representative shall make available, by posting or by other method reasonably calculated to inform the members of the employee organization in the unit, the findings, recommendations and summaries of the fact-finding panel together with a notice of the dates, times, and places where the employee organization’s members in the unit may vote to approve or reject the recommendations of the fact-finding panel. A secret ballot election shall be conducted by the exclusive representative at the dates, times, and places set forth in the notice. Such election shall be conducted not later than seven days after the findings, recommendations, and summaries of the fact-finding panel are served pursuant to paragraph (C) of rule 4117-1-02 of the Administrative Code. Each member of the employee organization in the unit shall at the time and place of election be issued a ballot containing a choice of “approve” and a choice of “reject” the recommendations of the fact-finding panel. There shall be no voting by proxy. The ballots shall be tallied immediately upon the conclusion of the election. Written verification of the date of the election, the vote tally, and the number of members of the employee organization in the unit shall be served upon the board and served upon the employer within twenty-four hours after the tally of ballots, but in no event later than twenty-four hours after the expiration of the seven-day voting period. The written verification must contain proof of service upon the employer pursuant to rule 4117-1-02 of the Administrative Code. Failure to serve upon the board and the employer the required voting information within twenty-four hours of the expiration of the seven-day voting period shall constitute failure to reject the recommendations, and the recommendations shall be deemed accepted as the resolution of issues submitted to fact-finding. Oral notification to the board or the employer shall not constitute timely compliance with this rule.

(N) Immediately upon receipt, the employer’s representative shall make available to the appropriate legislative body the findings, recommendations, and summaries of the fact-finding panel. Not later than seven days after the findings, recommendations, and summaries of the fact-finding panel are served pursuant to paragraph (C) of rule 4117-1-02 of the Administrative Code, the legislative body shall meet and vote to accept or reject the recommendations of the fact-finding panel. Written verification of the date of the vote, the vote tally, and the number of members of the legislative body shall be served upon the board and the exclusive representative within twenty-four hours after the vote count but in no event later than twenty-four hours after the expiration of the seven-day voting period. The written verification must contain proof of service upon the employee organization pursuant to rule 4117-1-02 of the Administrative Code.

Failure to serve upon the board and the employee organization the required information within twenty-four hours of the expiration of the seven-day voting period shall constitute failure to reject the recommendations, and the recommendations shall be deemed accepted as the resolution of issues submitted to fact-finding. Oral notification to the board or the employee organization shall not constitute timely compliance with this rule.

(O) If neither party rejects by a three-fifths vote the recommendations of the fact-finding panel, not later than seven days after the recommendations are sent, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted to the fact-finding panel and a collective bargaining agreement shall be executed, including the fact-finding panel’s recommendations, except as otherwise modified by the parties by mutual agreement.

(P) If the recommendations of the panel are rejected by a three-fifths vote of either party and the rejection information required by paragraph (M) or (N) of this rule is timely served upon the board and the other party, the board shall post a copy of the fact-finding report and the notice of rejection in its Columbus offices and shall mail copies to the press, with recipients determined at the board’s discretion. A board-provided notice of the rejection and a copy of the fact-finding report shall be posted by the employer and the employee organization in conspicuous locations where employees will be reasonably apprised of the contents. The “date of publication” is the date the board mails the notice and report to the press. A notice of rejection shall remain posted for a period of thirty days or until settlement occurs, whichever is earlier.

(Q) The parties shall share the cost of the fact-finding panel in a manner agreed to by the parties. If the parties cannot agree on how to share the cost of fact-finding, the parties shall each pay one-half of the remaining cost.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

Members of a police or fire department, members of the state highway patrol deputy sheriffs, dispatchers employed by a police or 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 the state school for the deaf or the state school for the blind, employees of any public employee retirement system, correction officers, guards at penal or mental institutions, special policemen or policewomen appointed in accordance with sections 5991.14 and 5123.13 of the Revised Code, psychiatric attendants employed at mental health forensic facilities, or youth leaders employed at juvenile correctional facilities are prohibited from striking. Unless the parties are subject to a mutually agreed-upon dispute settlement procedure in compliance with paragraph (C) of rule 4117-9-03 of the Administrative Code, these conciliation procedures shall apply:

(A) If the parties are unable to reach an agreement within seven days after the publication of the findings and recommendations of the fact-finding panel, then the board shall issue to the parties an order pursuant to division (D)(1) of section 4117.14 of the Revised Code requiring the parties to engage in settlement by conciliation by a conciliator selected by the parties in accordance with paragraph (B) of this rule. The board may delegate to the bureau of mediation or the executive director responsibility for ordering conciliation when no substantive issues have been raised and when these conditions have been met:

(1) The fact-finding report was rejected timely by at least one party by a three-fifths majority of the individuals who were eligible to vote;

(2) The vote on the fact-finding report was served timely upon SERB and the other party;

(3) Publication of the fact-finding report did occur in which the effective date of publication is stated on the board-issued notice of rejection of the fact-finding report; and

(4) At least seven days have passed since the effective date of publication of the fact-finding report, and the parties have not reached a settlement.

Concurrent with its order, the board shall provide to the parties a list of five neutrals from which the conciliator will be selected.

(B) The parties shall select a conciliator from the list by alternate striking of names. The parties may select any conciliator from the board’s register of neutrals rather than selecting from the list submitted by the board. If the parties agree to select a conciliator who is not listed on the board’s register of neutrals, the selection shall constitute a mutually agreed dispute settlement procedure.

(C) The parties shall within five days of the issuance of the list notify the board in writing of their mutually selected conciliator and of any mutually selected alternates to the preferred conciliator. When selected conciliators are unavailable, the board shall appoint a conciliator chosen at its discretion.

(D) If the board has not received written notification of a mutually selected conciliator within five days after issuance of the conciliation order and list of conciliators, on the sixth day after issuance of the order and list, the board shall appoint, a conciliator at its discretion. Oral notification to a SERB bureau of mediation staff member within five days of issuance of the order and list will be sufficient if written confirmation is served upon the board within the five-day period.

(E) Upon notice of the conciliator’s appointment, each party shall submit to the conciliator and serve on the other party a written statement. A failure to submit such a written statement to the conciliator, to the other party, and to the board five calendar days prior to the day of the hearing shall require the conciliator to take evidence only in support of matters raised in the written statement that was submitted prior to the hearing. The statement shall include:

(1) The name of the party and the name, address, and telephone number of the principal representative of the party;

(2) A description of the bargaining unit including the approximate number of employees;

(3) A copy of the current collective bargaining agreement, if any;

(4) A report defining all unresolved issues, stating the party’s final offer as to each unresolved issue, and summarizing the position of the party with regard to each unresolved issue. If, after submission of the parties’ reports, mediation efforts result in a change in a final offer, a party or parties may, by mutual agreement, submit a revised final offer to the conciliator.

(F) The conciliator shall hold a hearing within thirty days of the effective date of the board’s order to conciliate, or as soon thereafter as practicable. For purposes of the hearing, the conciliator shall have the power to regulate the time, place, course, and conduct of the hearing, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and request the board to issue subpoenae to compel attendance of witnesses and the production of books, papers, and records relating to any matter before the conciliator. A conciliator may not choose a hearing location at a cost to the parties unless the parties fail to agree to an alternate cost-free location. The conciliator shall make provisions allowing for a written record of the hearing.

(G) Conciliation hearings are to be held in private.

(H) The conciliator shall take the following into consideration in resolving the dispute between the parties:

(1) Past collectively bargained agreements, if any, between the parties;

(2) Comparison of the issues submitted to final offer settlement relative to the employees in the bargaining unit involved with those issues related to other public and private employers doing comparable work, giving consideration to factors peculiar to the area and classification involved;

(3) The interests and welfare of the public, the ability of the public employer to finance and administer the issues proposed, and the effect of the adjustments on the normal standard of public service;

(4) The lawful authority of the public employer;

(5) The stipulations of the parties; and

(6) Such other factors, not confined to those listed in this rule, which are normally or traditionally taken into consideration in the determination of issues submitted to final offer settlement through voluntary collective bargaining, mediation, fact-finding or other impasse resolution procedures in the public service or in private employment.

(I) The conciliator shall make written findings of fact and promulgate a written opinion and order upon the issues presented and upon the record made at the conciliation hearing and shall mail or otherwise deliver a true copy thereof to the parties and the board within thirty days of the last date of hearing, unless the parties mutually agree to an extension although failure of the conciliator to meet the thirty-day deadline does not affect the validity of the conciliation award.

(J) The issuance of a final offer settlement award constitutes a binding mandate to the public employer and the exclusive representative to take whatever actions are necessary to implement the award.

(K) The parties shall bear equally the cost of conciliation.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 7-1-96; 1-2-05

Rule promulgated under: RC 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

(A) One executed copy of any collective bargaining agreement shall be filed with the board by the employer within thirty days of execution.

(B) For the purpose of this rule, the term “collective bargaining agreement” includes contract, memorandum of understanding, extension, amendment, modification, reopener, settlement, or other addendum entered into between an employee organization and employer.

(C) All wage information shall be submitted with the collective bargaining agreement. Any amendments or renegotiation of wage information shall be filed by the employer upon execution of the amendment or renegotiated provision.

R.C. 119.032 review dates: 10/04/2004 and 10/01/2009

Promulgated Under: 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.14

Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87