OEA Governmental Services: Senate Bill 5 Omnibus Amendment Review
Scope of Bargaining:
· State employees and K-12 school employees may bargain wages, hours and terms and conditions of employees. HOWEVER, the bill still outlines extensive matters prohibited from bargaining. E.g. “no affects bargaining”
· Employees of state institutions of higher education may bargain wages, hours and terms and conditions of employment. HOWEVER, faculty is generally excluded from collective bargaining by being defined as “supervisors” or “management level” employees.
Teacher Compensation:
· Salaries can be bargained but must be based on the following performance measures:
· Level of teacher license; whether the teacher is a “highly qualified teacher” under law; the value-added measure the board uses to determine the performance of the students assigned to the teacher’s classroom; the results of the teacher’s performance evaluations, any peer review program created by an agreement between the board and teachers association, or another system of evaluation used by that board; any other criteria established by the board.
Education Support Personnel Compensation:
· Wages/salaries can be bargained but must be based on merit.
State employee compensation:
· Wages/salaries can be bargained within minimum and maximum pay ranges, with progress through the salary ranges based on merit (no automatic steps).
· Inserts language regarding full-time state employee vacation leave, which supersedes CBA’s entered into on or after the effective date of the bill. Caps vacation leave accumulation at 7.7 hours per biweekly pay period after 19 years of service (current cap is 9.2 hrs./bi-weekly pay period after 24 yrs. of service).
Public Employee Health Care:
· Reinstates School Employee Health Care Board language stating that “all health care benefits provided to persons employed by the public schools of the state shall be health care plans that contain best practices established by the school employee health care board.
· Requires that health care benefits provided to a management level employee, as defined in section 4117.01, shall be the same as any health care benefits provided to other employees of the same public employer.
· Changes from 80% to 85% the cap that a public employer, including the state and any of its subdivisions, may pay for health insurance on behalf of an employee. In other words, public employees must pay a minimum of 15% of their healthcare premium, as opposed to the previously proposed 20%.
Teacher Layoff:
· Adds to layoff criteria “any peer review program created by an agreement entered into by a board of education and representatives of teachers employed by that board.” This is in addition to level of license, whether the teacher has “highly qualified” status, the value-added measure the board uses to determine the performance of the students assigned to the teacher’s classroom, the results of the teacher’s performance evaluation, and any other criteria determined by the board.
· Provides that when determining whether to lay off an employee as part of a reduction in force, a public employer shall not discriminate in violation of Ohio Revised Code Chapter 4112 or any applicable federal law.
Teacher Contracts:
· An initial limited contract for a classroom teacher, entered into on or after the effective date of the bill, shall not exceed three years. Any subsequent limited contract: not less than 2 years and not more than 5 years.
No bargaining the following:
· Significantly expands the list of public employer management rights not subject to mandatory bargaining.
· Any existing provision of a CBA that was modified, renewed, or extended from a prior CBA that is not included in the definition of “wages, hours, and terms and conditions” shall not be a mandatory subject of CB and shall not be subject to any impasse procedure without the mutual agreement of both parties. The inclusion of a provision in a previous CBA shall not be used as a basis for the provision being determined to be within the definition of “wages, hours, and terms and conditions.”
· Any requirements on the number of employees required to be on duty or employed in any department, division, or facility of a public employer.
· No CBA shall prohibit a public employer whom the auditor of state has declared to be in a state of fiscal watch from modifying a CBA so that salary or benefit increases, or both, are suspended.
· No CBA shall prohibit a public employer that the auditor of state, OR GOVERNOR, has declared to be in a state of fiscal emergency, or where a conservator has been appointed for a state institution of higher education, from serving notice to terminate, modify, or renegotiation a CBA.
· Any requirement that provides for hourly overtime exceeding the rate required by the Fair Labor Standards Act.
· Any requirement that the public employer continue any practices or provide any benefits not specifically set forth in the written agreement.
· Any provision that exceeds the annual earnings or accrual rate of the following leave credits:
· For vacation leave a maximum annual accumulation of six weeks paid vacation prior to twenty years of continuous service.
· For compensated holidays a maximum annual earning of three paid personal days.
· For compensated personal days a maximum annual earning of three paid personal days.
· Any provision for the exchange or sell-back of a public employee’s accumulated paid sick leave balance at final retirement that provides for a cash payment that exceeds 50% of the public employee’s total sick leave accumulations. No payment shall be made for accumulated sick leave in excess of 1,000 hours.
Right to Strike:
· No public employee or employee organization shall engage in a strike. Whenever a strike occurs, the public employer may seek an injunction against the strike in the court of common pleas.
· Any person engaged in a strike is subject to removal, shall have deducted an amount equal to twice their daily rate of pay for each day on strike and the penalty for violation of a court injunction against a strike is a fine of $1,000 and up to 30 days imprisonment, or both. Further penalty for willfully disobeying a court.
Dispute Settlement:
· If 14 days after the publication of fact finding recommendations and the CBA has expired, the public employer shall submit the findings, along with the last best offer of the employer and employee organization to the legislative body of the employer. After a public hearing, the legislative body (e.g. school board) must vote to accept either offer.
Unfair Labor Practice:
· Makes it a ULP for an employee organization to restrain or coerce employees or PUBLIC EMPLOYERS in the exercise of rights guaranteed by ORC 4117.
· Makes it a ULP to encourage any individual to engage in a secondary boycott.
· No longer requires SERB to find probable cause in order to issue a complaint and conduct a hearing.
· Makes certain ULP’s (e.g. illegal strike) by an employee organization punishable by suspension of the payment of dues or fees to the employee organization for up to 30 days.
Charter School Collective Bargaining:
· Eliminates authority to organize and collectively bargain in start-up community schools.
· Allows the governing authority of a conversion charter school to submit to the SERB a statement requesting that employees of the conversion charter school who are in a CBA be removed from the bargaining unit that is subject to that agreement.
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