Ohio § 4117.10

§ 4117.10.

(A) An agreement between a public employer and an exclusive representative entered into

pursuant to this chapter governs the wages, hours, and terms and conditions of public

employment covered by the agreement.  If the agreement provides for a final and binding arbitration of grievances, public

employers, employees, and employee organizations are subject solely to that grievance

procedure and the state personnel board of review or civil service commissions have

no jurisdiction to receive and determine any appeals relating to matters that were

the subject of a final and binding grievance procedure.  Where no agreement exists or where an agreement makes no specification about a matter,

the public employer and public employees are subject to all applicable state or local

laws or ordinances pertaining to the wages, hours, and terms and conditions of employment

for public employees.  All of the following prevail over conflicting provisions of agreements between employee

organizations and public employers: (1) Laws pertaining to any of the following subjects: (a) Civil rights; (b) Affirmative action; (c) Unemployment compensation; (d) Workers' compensation; (e) The retirement of public employees; (f) Residency requirements; (g) The minimum educational requirements contained in the Revised Code pertaining to

public education including the requirement of a certificate by the fiscal officer

of a school district pursuant to section 5705.41 of the Revised Code ; (h) The provisions of division (A) of section 124.34 of the Revised Code governing the disciplining of officers and employees who have been convicted of a

felony; (i) The minimum standards promulgated by the director of education and workforce pursuant

to division (D) of section 3301.07 of the Revised Code . (2) The law pertaining to the leave of absence and compensation provided under section 5923.05 of the Revised Code , if the terms of the agreement contain benefits which are less than those contained

in that section or the agreement contains no such terms and the public authority is

the state or any agency, authority, commission, or board of the state or if the public

authority is another entity listed in division (B) of section 4117.01 of the Revised Code that elects to provide leave of absence and compensation as provided in section 5923.05 of the Revised Code ; (3) The law pertaining to the leave established under section 5906.02 of the Revised Code , if the terms of the agreement contain benefits that are less than those contained

in section 5906.02 of the Revised Code ; (4) The law pertaining to excess benefits prohibited under section 3345.311 of the Revised Code with respect to an agreement between an employee organization and a public employer

entered into on or after September 29, 2015; (5) state 1 employee work location policies with respect to an agreement between an employee

organization and a public employer entered into on or after the effective date of

this amendment. Except for sections 306.08 , 306.12 , 306.35 , and 4981.22 of the Revised Code and arrangements entered into thereunder, and section 4981.21 of the Revised Code as necessary to comply with section 13(c) of the “Urban Mass Transportation Act of

1964,” 87 Stat. 295, 49 U.S.C.A. 1609(c) , as amended, and arrangements entered into thereunder, this chapter prevails over

any and all other conflicting laws, resolutions, provisions, present or future, except

as otherwise specified in this chapter or as otherwise specified by the general assembly.  Nothing in this section prohibits or shall be construed to invalidate the provisions

of an agreement establishing supplemental workers' compensation or unemployment compensation

benefits or exceeding minimum requirements contained in the Revised Code pertaining

to public education or the minimum standards promulgated by the director of education

and workforce pursuant to division (D) of section 3301.07 of the Revised Code . (B) The public employer shall submit a request for funds necessary to implement an agreement

and for approval of any other matter requiring the approval of the appropriate legislative

body to the legislative body within fourteen days of the date on which the parties

finalize the agreement, unless otherwise specified, but if the appropriate legislative

body is not in session at the time, then within fourteen days after it convenes.  The legislative body must approve or reject the submission as a whole, and the submission

is deemed approved if the legislative body fails to act within thirty days after the

public employer submits the agreement.  The parties may specify that those provisions of the agreement not requiring action

by a legislative body are effective and operative in accordance with the terms of

the agreement, provided there has been compliance with division (C) of this section.  If the legislative body rejects the submission of the public employer, either party

may reopen all or part of the entire agreement. As used in this section, “ legislative body ” includes the governing board of a municipal corporation, school district, college

or university, village, township, or board of county commissioners or any other body

that has authority to approve the budget of their public jurisdiction and, with regard

to the state, “ legislative body ” means the controlling board. (C) The chief executive officer, or the chief executive officer's representative, of

each municipal corporation, the designated representative of the board of education

of each school district, college or university, or any other body that has authority

to approve the budget of their public jurisdiction, the designated representative

of the board of county commissioners and of each elected officeholder of the county

whose employees are covered by the collective negotiations, and the designated representative

of the village or the board of township trustees of each township is responsible for

negotiations in the collective bargaining process;  except that the legislative body

may accept or reject a proposed collective bargaining agreement.  When the matters about which there is agreement are reduced to writing and approved

by the employee organization and the legislative body, the agreement is binding upon

the legislative body, the employer, and the employee organization and employees covered

by the agreement. (D) There is hereby established an office of collective bargaining in the department

of administrative services for the purpose of negotiating with and entering into written

agreements between state agencies, departments, boards, and commissions and the exclusive

representative on matters of wages, hours, terms and other conditions of employment

and the continuation, modification, or deletion of an existing provision of a collective

bargaining agreement.  Nothing in any provision of law to the contrary shall be interpreted as excluding

the bureau of workers' compensation and the industrial commission from the preceding

sentence.  This office shall not negotiate on behalf of other statewide elected officials or

boards of trustees of state institutions of higher education who shall be considered

as separate public employers for the purposes of this chapter;  however, the office

may negotiate on behalf of these officials or trustees where authorized by the officials

or trustees.  The staff of the office of collective bargaining are in the unclassified service.  The director of administrative services shall fix the compensation of the staff. The office of collective bargaining shall: (1) Assist the director in formulating management's philosophy for public collective

bargaining as well as planning bargaining strategies; (2) Conduct negotiations with the exclusive representatives of each employee organization; (3) Coordinate the state's resources in all mediation, fact-finding, and arbitration

cases as well as in all labor disputes; (4) Conduct systematic reviews of collective bargaining agreements for the purpose of

contract negotiations; (5) Coordinate the systematic compilation of data by all agencies that is required for

negotiating purposes; (6) Prepare and submit an annual report and other reports as requested to the governor

and the general assembly on the implementation of this chapter and its impact upon

state government. 1

 Lack of capitalization so as a result of 2025 H 96 line item veto.