Chapter 4117-13 | Strikes

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

• Effective: January 2, 2005
• Promulgated Under: 119.03

(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.

Last updated June 26, 2025 at 8:36 AM

Supplemental Information

Authorized By: 4117.02(K)(8)
Amplifies: 4117.02, 4117.23
Five Year Review Date: 5/23/2030

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

• Effective: January 2, 2005
• Promulgated Under: 119.03

(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.

Last updated June 26, 2025 at 8:36 AM

Supplemental Information

Authorized By: 4117.02(K)(8)
Amplifies: 4117.02, 4117.16, 4117.21
Five Year Review Date: 5/23/2030
Prior Effective Dates: 6/24/1984