Ohio Administrative Code
Title 4117 - State Employment Relations Board
Chapter 4117-9 - Negotiations
Section 4117-9-02 - Notice to negotiate
Current through all regulations passed and filed through September 16, 2024
(A) Any public employer or exclusive representative desiring to terminate, modify, or reopen an existing collective bargaining agreement or negotiate a successor collective bargaining agreement shall, not less than sixty days prior to the expiration date of the existing collective bargaining agreement, or, if there is no relevant expiration date, not less than sixty days prior to the time of the proposed effective date of the termination, successor agreement, modification, or adjustments resulting from a reopener:
The notice to negotiate shall include:
(B) Where a collective bargaining agreement has not been in effect between an employer and a newly certified exclusive representative, the employer or exclusive representative may, at any time after the board votes to certify the exclusive representative, file via electronic mailwith the board and serve notice upon the other party offering to meet, for a period of ninety days, with the other party for the purpose of negotiating a collective bargaining agreement. Such notice shall set forth the name, mailing address, and email address of the party and the name, mailingaddress, telephone number, and email address of its principal representative.
(C) Where the filing party wishes to engage in multi-unit bargaining, the party shall file via electronic mail a separate notice to negotiate for each unit. With the notices to negotiate, the party shall file with the board and serve upon the other party a notice of the party's desire to engage in multi-unit bargaining. Anagreement with the proposed multi-unit bargaining must be filed via electronic mailwith the board and served upon the other party within ten days of service of the notice or the board will consider the parties to be engaging in single-unit bargaining.
(D) For purposes of Chapter 4117-9 of the Administrative Code, "negotiation period" means:
(E) Except as the parties may modify the negotiation process by mutually agreed-upon dispute settlement procedures, the parties shall continue in full force and effect all the terms and conditions of any existing collective bargaining agreement, without resort to strike or lockout, for a period of sixty days after the party gives notice, until the expiration date of the collective bargaining agreement, or the statutory dispute settlement procedures are exhausted, whichever occurs later.
(F) Following the filing of a notice to negotiate, the board will continue with the timely application of the statutory procedure set forth in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14 of the Revised Code unless:
(G) A notice to negotiate or motion relating to a notice to negotiate shall not be accepted for filing with the board unless it contains proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
Five Year Review (FYR) Dates:
05/28/2015 and
05/28/2020
Promulgated
Under: 119.03
Statutory
Authority: 4117.02(K)(8)
Rule Amplifies:
4117.02,
4117.14
Prior
Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05,
10/25/10