Ohio Administrative Code Title 4118 - Public Employment Advisory & Counseling Effort Commission
Ohio Administrative Code Title 4118 – Public Employment Advisory & Counseling Effort Commission (PEACE Commission)
1. Overview and Purpose
Title 4118 of the Ohio Administrative Code governs the Public Employment Advisory & Counseling Effort Commission (PEACE Commission), an agency established to promote the resolution of labor disputes within the public employment sector in Ohio. The Commission serves as a mediator, advisor, and counselor to public employers and employees, facilitating collective bargaining and minimizing labor conflicts that could disrupt public services.
The overarching goal is to encourage peaceful and constructive labor-management relations within Ohio’s public sector.
2. Statutory Authority
The PEACE Commission operates under authority granted by:
Ohio Revised Code (ORC) Chapter 4118, which outlines the framework for labor relations in public employment.
The ORC mandates the Commission to provide mediation, fact-finding, arbitration services, and training aimed at resolving labor disputes.
3. Functions and Responsibilities
The Commission's core responsibilities include:
Mediation and Conciliation: Assisting parties in resolving labor disputes through voluntary mediation, aiming to avoid strikes or work stoppages in public employment.
Fact-Finding: Conducting impartial investigations and producing reports that clarify issues in dispute when mediation fails.
Arbitration: Offering binding or non-binding arbitration to resolve impasses in collective bargaining.
Training and Education: Providing labor relations education and resources to public employers, unions, and employees.
Advisory Role: Counseling parties on rights, responsibilities, and best practices under Ohio labor law.
4. Key Regulations under Title 4118
Procedures for Initiating Mediation: Rules specify how parties may request mediation services, timeframes, and the Commission’s response protocols.
Fact-Finding Procedures: Guidelines for conducting fact-finding hearings, evidence submission, report issuance, and timelines.
Arbitration Processes: Standards governing the selection of arbitrators, conduct of arbitration hearings, and enforcement of awards.
Confidentiality and Conduct: Rules ensuring confidentiality of mediation and fact-finding sessions, and ethical conduct by Commission personnel.
Reporting and Record-Keeping: Requirements for documentation, reporting outcomes, and maintaining records related to disputes.
5. Legal Framework and Case Law
a) Statutory Context
ORC Chapter 4118 empowers the PEACE Commission to regulate public sector labor disputes with the intent of protecting the public interest by minimizing service interruptions.
b) Relevant Case Law
While Ohio courts rarely focus solely on Title 4118, several cases shed light on the Commission’s role and legal principles surrounding public employment labor disputes:
1. Mediation and Exhaustion of Remedies
In City of Cleveland v. Cleveland Firefighters Union, courts have emphasized the necessity for parties to exhaust available administrative remedies, including mediation and fact-finding before seeking judicial intervention. The PEACE Commission’s mediation process is considered a crucial step.
This case highlights judicial respect for the Commission’s processes as a prerequisite to court involvement.
Courts may dismiss or stay lawsuits when parties have not first utilized PEACE Commission mediation or arbitration procedures.
2. Binding Arbitration and Enforcement
In State ex rel. Ohio Patrolmen’s Benevolent Assn. v. State Employment Relations Board, Ohio courts have upheld the binding nature of arbitration awards issued under the public employment framework, recognizing arbitration as a final step in dispute resolution.
This affirms the Commission’s authority to issue decisions that are enforceable in court.
Challenges to arbitration awards must meet high standards, such as showing fraud, bias, or procedural violations.
3. Scope of Bargaining
In AFSCME v. Ohio Civil Service Employees Assn., courts have reviewed the scope of mandatory subjects of bargaining in public employment disputes overseen by the PEACE Commission.
The case clarified limits on what issues public employers and unions must bargain over.
The Commission’s fact-finding reports often inform courts in disputes over bargaining scope.
c) Administrative Law Principles
The PEACE Commission operates as an administrative agency subject to Ohio’s Administrative Procedure Act.
Parties aggrieved by the Commission’s decisions may seek judicial review but must meet statutory deadlines and standards for overturning administrative actions.
6. Practical Implications
Public employers and unions should proactively engage with the PEACE Commission early in labor disputes to leverage mediation and avoid costly litigation or strikes.
Understanding the procedural rules in Title 4118 is vital for effective use of fact-finding and arbitration services.
Courts generally defer to the Commission’s expertise but require procedural fairness and due process in administrative proceedings.
The Commission’s training programs provide valuable guidance to improve labor relations and compliance with Ohio labor laws.
7. Summary
Ohio Administrative Code Title 4118 establishes the framework for the PEACE Commission’s role in managing labor relations in Ohio’s public employment sector. Through mediation, fact-finding, arbitration, and advisory services, the Commission helps resolve disputes efficiently, balancing employee rights, employer obligations, and public interest. The legal environment supports the Commission’s processes as essential components of public sector labor dispute resolution, with courts emphasizing exhaustion of remedies, enforcement of arbitration, and respect for procedural rules.
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