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Key Votes

SB 5 - Collective Bargaining Rights for Public Employees - Key Vote

Ohio Key Votes

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Issues

Stage Details

Legislation - Signed (Executive) -

Title: Collective Bargaining Rights for Public Employees

Legislation - Concurrence Vote Passed (Senate) (17-16) - (Key vote)

Title: Collective Bargaining Rights for Public Employees

Vote Smart's Synopsis:

Vote to pass a bill that limits collective bargaining rights for public sector workers.

Highlights:
  • Establishes that all matters pertaining to wages, hours, and terms and conditions of employment are subject to collective bargaining between the public employer and the exclusive representative (Sec. 4117.08).
  • Specifies that certain issues are not subjects for collective bargaining, including, but not limited to (Sec. 4117.08):
    • Health care benefits, except for the amount of the benefits that is paid by the public employer and the public employee;
    • The number of employees required to be on duty or employed by a public employer;
    • The privatization of a public employer’s services or contracting out of the public employer’s work; and
    • The payment of a contribution by a public employer to the Ohio police and fire pension fund.
  • Specifies that the public employer has these rights, among others, unless the employer specifically agrees otherwise in an express written provision of a collective bargaining agreement (Sec. 4117.08):
    • To determine the number of people required to be employed or laid off;
    • To determine the qualifications of the employees;
    • To determine the number of hours to be worked by the employees;
    • To determine work standards and the quality and quantity of work to be produced;
    • To select and locate buildings and other facilities; and
    • To transfer or subcontract work.
  • Establishes that no collective bargaining agreement may contain anything that requires the employees who are not members of a union to pay a fair share fee to the union as a condition of their employment (Sec. 4117.09).
  • Establishes that no public employer shall agree to a provision of a collective bargaining agreement that provides for the payroll deduction for any contributions to a political action committee (Sec. 4117.09).
  • Requires a mediator to be appointed to assist the parties in the collective bargaining process if an impasse exists 70 days before the expatriation date of the collective bargaining agreement and specifies that a fact-finder may be requested by either party after a mediator is appointed. (Sec. 4117.14).
  • Specifies that if the parties are unable to reach an agreement within five days after the publication of findings and recommendations from the fact-finder, then a legislative body shall receive the last best offer of the union and of the public employer and then decide which one to accept (Sec. 4117.14).  
  • Prohibits public employees and employee organizations from engaging in a strikes (Sec. 4117.15).
  • Establishes that a state employee that receives health insurance from their employer must pay at least 15 percent of their policy’s premium (Sec. 124.82).
Legislation - Bill Passed With Amendment (House) (53-44) - (Key vote)

Title: Collective Bargaining Rights for Public Employees

Vote Smart's Synopsis:

Vote to pass a bill that limits collective bargaining rights for public sector workers.

Highlights:
  • Establishes that all matters pertaining to wages, hours, and terms and conditions of employment are subject to collective bargaining between the public employer and the exclusive representative (Sec. 4117.08).
  • Specifies that certain issues are not subjects for collective bargaining, including, but not limited to (Sec. 4117.08):
    • Health care benefits, except for the amount of the benefits that is paid by the public employer and the public employee;
    • The number of employees required to be on duty or employed by a public employer;
    • The privatization of a public employer’s services or contracting out of the public employer’s work; and
    • The payment of a contribution by a public employer to the Ohio police and fire pension fund.
  • Specifies that the public employer has these rights, among others, unless the employer specifically agrees otherwise in an express written provision of a collective bargaining agreement (Sec. 4117.08):
    • To determine the number of people required to be employed or laid off;
    • To determine the qualifications of the employees;
    • To determine the number of hours to be worked by the employees;
    • To determine work standards and the quality and quantity of work to be produced;
    • To select and locate buildings and other facilities; and
    • To transfer or subcontract work.
  • Establishes that no collective bargaining agreement may contain anything that requires the employees who are not members of a union to pay a fair share fee to the union as a condition of their employment (Sec. 4117.09).
  • Establishes that no public employer shall agree to a provision of a collective bargaining agreement that provides for the payroll deduction for any contributions to a political action committee (Sec. 4117.09).
  • Requires a mediator to be appointed to assist the parties in the collective bargaining process if an impasse exists 70 days before the expatriation date of the collective bargaining agreement and specifies that a fact-finder may be requested by either party after a mediator is appointed. (Sec. 4117.14).
  • Specifies that if the parties are unable to reach an agreement within five days after the publication of findings and recommendations from the fact-finder, then a legislative body shall receive the last best offer of the union and of the public employer and then decide which one to accept (Sec. 4117.14).  
  • Prohibits public employees and employee organizations from engaging in a strikes (Sec. 4117.15).
  • Establishes that a state employee that receives health insurance from their employer must pay at least 15 percent of their policy’s premium (Sec. 124.82).
Legislation - Bill Passed (Senate) (17-16) - (Key vote)

Title: Collective Bargaining Rights for Public Employees

Vote Smart's Synopsis:

Vote to pass a bill that limits collective bargaining rights for public sector workers.

Highlights:
  • Prohibits the following subjects from being included in collective bargaining (Sec. 4117.08):
    • The conduct and grading of civil service examinations, the rating of candidates, the establishment of eligible lists from these examinations, and the original appointments from the eligible lists;
    • Health care benefits, except that the amount of the cost of those benefits for which a public employer and the public employees of the public employer pays;
    • The payment of a contribution by a public employer to the public employees retirement system, the Ohio police and pension fund, the state teachers retirement system;
    • The state highway patrol retirement system, or the school employees retirement system on behalf of an employee, contributor, or teacher, as applicable, that the employee, contributor, or teacher otherwise is require to pay;
    • The privatization of a public employer's services or contracting out of the public employer's work; and
    • The number of employees required to be on duty or employed in any department, division, or facility of a public employer.
  • Specifies that the only items that are subject to collective bargaining are wages, hours, and terms and conditions of employment (Sec. 4117.08).
  • Specifies that unfair labor practice for an employee organization, its agents, or representatives, or public employees include, but are not limited to, the following (Sec. 4117.11):
    • Communicating or attempting to engage in other direct dealings during the period of negotiations with elected or appointed officials of the public employer, other than those individuals designated to represent the public employer;
    • Induce or encourage any individual to engage in a secondary boycott whether under the existing agreement or as part of another employee organization's concerted activity; or
    • Engage in any picketing, striking, or other concerted refusal to work.
  • Authorizes the board of education to procure and pay up to 85% of the cost of a health care plan for any of the following (Sec. 3313.202):
    • The teaching employees of the school district;
    • The nonteaching employees of the school district; and
    • The dependent children and spouses of employees for whom coverage is procured.
  • Requires that the health care benefits provided to a management level employee shall be the same as any benefits provided to other employees of the same public employer (Sec. 124.81). 
  • Requires state boards and agencies to use performance as the only basis when establishing a salary schedule or an employee's progression through the salary schedule.
  • Reduces sick leave with pay from 4.60 to 3.10 (Sec. 124.38).
Legislation - Introduced (Senate) -

Title: Collective Bargaining Rights for Public Employees

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