Bill Text: OH HB314 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To limit the amount by which a state employee's salary or wage may be increased.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-09-07 - To State Government & Elections [HB314 Detail]

Download: Ohio-2011-HB314-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 314

Representative Beck 

Cosponsor: Representative Adams, J. 

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A BILL

To amend section 4117.10 and to enact section 124.16

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of the Revised Code to limit the amount by which a

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state employee's salary or wage may be increased.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4117.10 be amended and section 124.16	4
of the Revised Code be enacted to read as follows:	5

Sec. 124.16.  (A) As used in this section:

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(1) "Consumer price index" means the consumer price index for	7
all urban consumers as prepared by the United States bureau of	8
labor statistics or its successor index.	9

(2) "Employee" means an employee paid in whole or in part by	10
the state.	11

(3) "Salary or wages" do not include employee benefits such	12
as paid leave, insurance coverage, or retirement benefits.	13

(B) No state agency shall increase the salary or wage of an	14
employee during a one-year period by more than the percentage	15
increase, rounded to the nearest tenth, in the consumer price	16
index for that one-year period. If the consumer price index	17
increases by more than five per cent in that period, the state	18
agency may increase the salary or wage of an employee by a maximum	19
of five per cent. If the consumer price index decreases or	20
otherwise does not increase during that time period, the state	21
agency shall not increase the salary or wage of an employee.	22

(C) The restrictions described in division (B) of this	23
section do not apply to either of the following circumstances:	24

(1) If an employee is promoted or transferred to a different	25
position or otherwise changes positions;	26

(2) If the salary or wage of an employee has not increased	27
for a significant period of time, as determined by the state	28
agency, due to the financial condition of the state or the state	29
agency, any one-time increase in the employee's salary or wage to	30
compensate the employee for the time period during which the	31
employee's salary or wage remained unchanged due to that financial	32
condition, however, the employee's salary or wage shall be subject	33
to division (B) of this section beginning the following year.	34

(D) Nothing in this section shall be construed to limit an	35
employee's progression through the schedules listed in section	36
124.15 or 124.152 of the Revised Code, however, notwithstanding	37
the rates of pay identified in those sections, any increase in pay	38
resulting from an employee's progress through those schedules is	39
subject to this section.	40

Sec. 4117.10.  (A) An agreement between a public employer and	41
an exclusive representative entered into pursuant to this chapter	42
governs the wages, hours, and terms and conditions of public	43
employment covered by the agreement. If the agreement provides for	44
a final and binding arbitration of grievances, public employers,	45
employees, and employee organizations are subject solely to that	46
grievance procedure and the state personnel board of review or	47
civil service commissions have no jurisdiction to receive and	48
determine any appeals relating to matters that were the subject of	49
a final and binding grievance procedure. Where no agreement exists	50
or where an agreement makes no specification about a matter, the	51
public employer and public employees are subject to all applicable	52
state or local laws or ordinances pertaining to the wages, hours,	53
and terms and conditions of employment for public employees. Laws	54
All of the following prevail over conflicting provisions of	55
agreements between employee organizations and public employers:	56

(1) Laws pertaining to civilany of the following subjects:

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(a) Civil rights, affirmative;

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(b) Affirmative action, unemployment;

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(c) Unemployment compensation, workers';

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(d) Workers' compensation, the;

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(e) The retirement of public employees, and residency;

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(f) Residency requirements, the;

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(g) The minimum educational requirements contained in the	64
Revised Code pertaining to public education including the	65
requirement of a certificate by the fiscal officer of a school	66
district pursuant to section 5705.41 of the Revised Code, the;	67

(h) The provisions of division (A) of section 124.34 of the	68
Revised Code governing the disciplining of officers and employees	69
who have been convicted of a felony, and the;	70

(i) The minimum standards promulgated by the state board of	71
education pursuant to division (D) of section 3301.07 of the	72
Revised Code prevail over conflicting provisions of agreements	73
between employee organizations and public employers;	74

(j) The restriction regarding an increase of the salary or	75
wage of an employee as described in section 124.16 of the Revised	76
Code. The	77

(2) The law pertaining to the leave of absence and	78
compensation provided under section 5923.05 of the Revised Code	79
prevails over any conflicting provisions of such agreements, if	80
the terms of the agreement contain benefits which are less than	81
those contained in that section or the agreement contains no such	82
terms and the public authority is the state or any agency,	83
authority, commission, or board of the state or if the public	84
authority is another entity listed in division (B) of section	85
4117.01 of the Revised Code that elects to provide leave of	86
absence and compensation as provided in section 5923.05 of the	87
Revised Code. The;	88

(3) The law pertaining to the leave established under section	89
5906.02 of the Revised Code prevails over any conflicting	90
provision of an agreement between an employee organization and	91
public employer if the terms of the agreement contain benefits	92
that are less than those contained in section 5906.02 of the	93
Revised Code. Except	94

Except for sections 306.08, 306.12, 306.35, and 4981.22 of	95
the Revised Code and arrangements entered into thereunder, and	96
section 4981.21 of the Revised Code as necessary to comply with	97
section 13(c) of the "Urban Mass Transportation Act of 1964," 87	98
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements	99
entered into thereunder, this chapter prevails over any and all	100
other conflicting laws, resolutions, provisions, present or	101
future, except as otherwise specified in this chapter or as	102
otherwise specified by the general assembly. Nothing in this	103
section prohibits or shall be construed to invalidate the	104
provisions of an agreement establishing supplemental workers'	105
compensation or unemployment compensation benefits or exceeding	106
minimum requirements contained in the Revised Code pertaining to	107
public education or the minimum standards promulgated by the state	108
board of education pursuant to division (D) of section 3301.07 of	109
the Revised Code.	110

(B) The public employer shall submit a request for funds	111
necessary to implement an agreement and for approval of any other	112
matter requiring the approval of the appropriate legislative body	113
to the legislative body within fourteen days of the date on which	114
the parties finalize the agreement, unless otherwise specified,	115
but if the appropriate legislative body is not in session at the	116
time, then within fourteen days after it convenes. The legislative	117
body must approve or reject the submission as a whole, and the	118
submission is deemed approved if the legislative body fails to act	119
within thirty days after the public employer submits the	120
agreement. The parties may specify that those provisions of the	121
agreement not requiring action by a legislative body are effective	122
and operative in accordance with the terms of the agreement,	123
provided there has been compliance with division (C) of this	124
section. If the legislative body rejects the submission of the	125
public employer, either party may reopen all or part of the entire	126
agreement.	127

As used in this section, "legislative body" includes the	128
governing board of a municipal corporation, school district,	129
college or university, village, township, or board of county	130
commissioners or any other body that has authority to approve the	131
budget of their public jurisdiction and, with regard to the state,	132
"legislative body" means the controlling board.	133

(C) The chief executive officer, or the chief executive	134
officer's representative, of each municipal corporation, the	135
designated representative of the board of education of each school	136
district, college or university, or any other body that has	137
authority to approve the budget of their public jurisdiction, the	138
designated representative of the board of county commissioners and	139
of each elected officeholder of the county whose employees are	140
covered by the collective negotiations, and the designated	141
representative of the village or the board of township trustees of	142
each township is responsible for negotiations in the collective	143
bargaining process; except that the legislative body may accept or	144
reject a proposed collective bargaining agreement. When the	145
matters about which there is agreement are reduced to writing and	146
approved by the employee organization and the legislative body,	147
the agreement is binding upon the legislative body, the employer,	148
and the employee organization and employees covered by the	149
agreement.	150

(D) There is hereby established an office of collective	151
bargaining in the department of administrative services for the	152
purpose of negotiating with and entering into written agreements	153
between state agencies, departments, boards, and commissions and	154
the exclusive representative on matters of wages, hours, terms and	155
other conditions of employment and the continuation, modification,	156
or deletion of an existing provision of a collective bargaining	157
agreement. Nothing in any provision of law to the contrary shall	158
be interpreted as excluding the bureau of workers' compensation	159
and the industrial commission from the preceding sentence. This	160
office shall not negotiate on behalf of other statewide elected	161
officials or boards of trustees of state institutions of higher	162
education who shall be considered as separate public employers for	163
the purposes of this chapter; however, the office may negotiate on	164
behalf of these officials or trustees where authorized by the	165
officials or trustees. The staff of the office of collective	166
bargaining are in the unclassified service. The director of	167
administrative services shall fix the compensation of the staff.	168

The office of collective bargaining shall:

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(1) Assist the director in formulating management's	170
philosophy for public collective bargaining as well as planning	171
bargaining strategies;	172

(2) Conduct negotiations with the exclusive representatives	173
of each employee organization;	174

(3) Coordinate the state's resources in all mediation,	175
fact-finding, and arbitration cases as well as in all labor	176
disputes;	177

(4) Conduct systematic reviews of collective bargaining	178
agreements for the purpose of contract negotiations;	179

(5) Coordinate the systematic compilation of data by all	180
agencies that is required for negotiating purposes;	181

(6) Prepare and submit an annual report and other reports as	182
requested to the governor and the general assembly on the	183
implementation of this chapter and its impact upon state	184
government.	185

Section 2.  That existing section 4117.10 of the Revised Code	186
is hereby repealed.	187

Section 3. This act applies to a collective bargaining	188
agreement entered into on or after the effective date of this act.	189