Ohio § 4117.23

§ 4117.23.

(A) In the case of a strike that is not authorized in accordance with this chapter, the

public employer may notify the state employment relations board of the strike and

request the board to determine whether the strike is authorized under Chapter 4117.

of the Revised Code.  The board shall make its decision within seventy-two hours of receiving the request

from the public employer. (B) 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 nonauthorized strike;  and (2) If the employee is appointed or reappointed, employed, or reemployed, as a public

employee, within the same appointing authority, may impose the following conditions: (a) The employee's compensation shall in no event exceed that received by him 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 division (B)(1) of this section.  The employer shall give the employee credit for wages not paid after that point

in time due to the employee's absence from his place of employment because he is on

strike. Any penalty that is imposed upon the employee, except for the penalty imposed under

division (B)(3) of this section, may be appealed to the board.  The board may modify, suspend, or reverse the penalty imposed by the public employer,

if the board does not find that the penalties are appropriate to the situation;  the

imposition of a penalty is appealable to the court. Notwithstanding the provision in this section that authorizes certain penalties to

commence one day after a public employee is notified that the board has determined

the employee is engaged in an unauthorized strike, the board may authorize the public

employer, if the public employer requests it, to impose the penalties contained in

this section retroactive to the date the unauthorized strike commences.