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Ohio Laws and Rules
(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