Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 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.

Last updated October 26, 2023 at 2:41 PM

Supplemental Information

Authorized By: 4117.02(K)(8)
Amplifies: 4117.02, 4117.16, 4117.21
Five Year Review Date: 5/27/2025
Prior Effective Dates: 3/26/1984 (Emer.), 6/24/1984, 5/18/1987