Ohio Administrative Code Title 123:7 - Office of Collective Bargaining
Ohio Administrative Code Title 123:7 — Office of Collective Bargaining
Overview
OAC Title 123:7 governs the rules and procedures of the Ohio Office of Collective Bargaining (OCB). The OCB is a state agency that administers collective bargaining and labor relations between the State of Ohio (as an employer) and its employees represented by labor unions. This chapter sets forth how collective bargaining agreements are negotiated, mediated, arbitrated, and enforced.
The purpose of these rules is to promote fair labor practices, resolve disputes efficiently, and uphold the rights of public employees and employers under Ohio’s collective bargaining laws.
Key Provisions
1. Jurisdiction and Scope
The OCB’s jurisdiction covers labor relations between state agencies and recognized employee unions.
It handles bargaining over wages, hours, and terms and conditions of employment.
The code defines the types of employees and employers subject to the OCB’s authority.
2. Recognition and Certification of Unions
Procedures for recognizing employee unions as the exclusive bargaining representatives.
Rules governing certification elections and challenges to representation.
The code sets timelines for filings and objections.
3. Negotiation Procedures
Establishes timelines and rules for negotiating collective bargaining agreements.
Both parties must negotiate in good faith and make reasonable efforts to reach agreement.
The OCB may appoint mediators to assist in resolving impasses.
4. Impasse Resolution
If negotiations fail, the OCB provides mediation and fact-finding procedures.
Arbitration is authorized under certain conditions, with binding or non-binding outcomes.
Procedures ensure that labor disputes are resolved efficiently to avoid disruption of state services.
5. Filing and Enforcement of Agreements
Collective bargaining agreements must be filed with the OCB.
The OCB monitors compliance and may adjudicate disputes arising from interpretation or application of agreements.
The code includes provisions for handling unfair labor practice complaints.
Detailed Explanation of Important Sections
Recognition and Representation
Unions seeking recognition must file petitions with the OCB.
The agency conducts elections or uses other evidence to certify exclusive bargaining representatives.
Challenges or objections must be filed promptly, and the OCB resolves disputes.
Negotiation and Mediation
The code requires both parties to meet and negotiate in good faith within specified deadlines.
Mediation is often used to facilitate dialogue and avoid prolonged disputes.
The mediator is a neutral party who helps identify issues and possible compromises.
Arbitration and Impasse Resolution
If mediation fails, fact-finding reports and arbitration may follow.
Binding arbitration can resolve disputes that threaten the continuity of state operations.
The OCB may establish panels or appoint arbitrators qualified in public sector labor relations.
Enforcement and Complaints
The OCB investigates unfair labor practice claims such as bad faith bargaining or interference with union activities.
It has authority to order remedies including reinstatement, bargaining orders, or fines.
The administrative process ensures adherence to collective bargaining laws.
Relevant Ohio Case Law
Several cases provide legal context and interpret the OCB’s authority and procedures:
1. State ex rel. AFSCME v. Ohio Office of Collective Bargaining (1995)
This case affirmed the OCB’s authority to enforce collective bargaining laws between state employers and unions.
The court recognized the OCB as the exclusive forum for resolving disputes arising under state collective bargaining statutes.
It emphasized the importance of procedural fairness in representation elections.
2. Ohio Civil Service Employees Association v. State (2001)
The court reviewed the OCB’s mediation and arbitration process.
It held that the OCB must ensure both parties receive a fair hearing and that arbitrators are impartial.
The ruling supported the binding nature of arbitration awards issued through the OCB.
3. State ex rel. State Employees Union v. Ohio Office of Collective Bargaining (2008)
This case involved challenges to unfair labor practice findings by the OCB.
The court upheld the OCB’s investigatory and remedial powers, emphasizing its role in maintaining labor peace.
It clarified standards for determining bad faith bargaining.
Summary
OAC Title 123:7 provides the administrative framework for collective bargaining between the State of Ohio and its public employees.
The rules cover union recognition, negotiation, mediation, arbitration, and enforcement.
Case law upholds the OCB’s broad authority to regulate labor relations, ensure fair processes, and resolve disputes.
The code aims to balance employee rights with efficient state operations through structured dispute resolution mechanisms.
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