Basic Information

Click to view frequently asked questions about OCB. If a question is not listed, please send an e-mail to:
ocb.receptionist@das.state.oh.us

What is collective bargaining?

Collective bargaining is a process through which management and unions negotiate, interpret and enforce an
agreement concerning wages, hours, and other terms and conditions of employment. Public employees' collective
bargaining is governed by Chapter 4117.Revised Code.

What is a bargaining unit?

A bargaining unit is a group of employees that have been determined by the State Employment Relations Board
(SERB) to be an appropriate entity for purposes of collective bargaining. SERB must consider the desires of the
employees, the community of interest, the wages, hours and other working conditions of the employees, the effect
of over-fragmentation, the efficiency of the operations of the public employer, the administrative structure of the
public employer and the history of collective bargaining.

What is the role of OCB with respect to negotiations?

OCB negotiates on behalf of state agencies, departments, boards and commissions with the five unions representing
state employees. OCB does not negotiate on behalf of all statewide elected officials, nor does it negotiate on behalf of
the boards of trustees of colleges and universities, who are considered separate public employers.

Section 4117.10(D), Revised Code, grants express authority to OCB to deal with issues affecting wages, hours,
terms and conditions of employment. This means that once a collective bargaining agreement has been negotiated,
OCB must be involved in approving any subsequent agreement (such as a memorandum of understanding) between a
union and a state agency that in any way modifies the wages, hours, terms or conditions of employment.

Which unions represent state employees?

- Ohio Civil Service Employees Association (OCSEA) / AFSCME Local 11
- Service Employees International Union (SEIU) / District 1199
- State Council of Professional Educators / OEA / NEA
- Fraternal Order of Police (FOP) / Ohio Labor Council Unit 2
- Ohio State Troopers Association, Inc.

What is mediation?

Mediation is a procedure whereby parties unable to agree to a solution to a problem indicate their willingness to allow
a third (neutral) party to assist them in reaching a resolution. In the field of labor relations, mediation is used to resolve
many types of disputes, whether it involves a single grievance filed by an employee or a collective bargaining agreement
involving thousands of employees.

All of the collective bargaining agreements with the State of Ohio provide for grievance procedures to resolve employee
grievances. If an employee's grievance is not settled or withdrawn beforehand, it culminates in arbitration. Grievance
mediation is a voluntary step, prior to arbitration, which provides an opportunity for a third party neutral to assist the
parties in reaching their own resolution of the dispute. The mediator does not make a binding decision for the parties,
but guides them to their own mutually acceptable resolution of the grievance.

The collective bargaining agreements that contain provisions for mediation include the OCSEA/AFSCME contract, the
SEIU/District 1199 contract, and the SCOPE contract.

Arbitration is a procedure whereby parties unable to agree to a solution to a problem indicate their willingness to be
bound by the decision of a third party (the "arbitrator" or "umpire"). It is a method of resolving disputes as an alternative
to litigation. However, unlike mediation, the objective of arbitration is adjudication rather than compromise. It is commonly
designated in collective bargaining agreements between employers and employees as the way to resolve disputes.

Section 4117.09, Revised Code, states in part that collective bargaining agreements (that are negotiated with public
employees' representatives) must contain grievance procedures that "may culminate with final and binding arbitration of
unresolved grievances, and disputed interpretations of agreements…" Therefore, the law does not mandate binding arbitration
for the resolution of employee grievances, but it leaves it up to the bargaining parties.

All of the collective bargaining agreements that are negotiated between the State of Ohio and public employees'
representatives contain provisions for the arbitration of grievances. The employer and the employees' representatives jointly
select arbitrators.

What is "non-traditional" and "expedited" arbitration?

Collective bargaining agreements may contain provisions that allow for non-traditional arbitration methods as part
of the grievance resolution procedures. These methods typically involve accelerated scheduling and/or a limited
grievance presentation in the interest of achieving a more efficient handling of grievances. As compared to the
traditional "trial" model of arbitration where the parties' advocates present their versions of the case to the arbitrator
through the use of witness testimony and other evidence, these methods employ a "small claims court" model of
case adjudication.

For example, in cases involving employee discipline of five (5) days or less (i.e., a fine or suspension), the OCSEA
and SEIU/District 1199 contracts require non-traditional arbitration (NTA). The NTA procedures in these contracts
limit the Employer and the Union to one witness each in the presentation of the case to the arbitrator.

The collective bargaining agreements also refer to various forms of expedited arbitration in which the parties agree
to accelerate the time frame for the arbitration and place limitations on the number of witnesses at the hearing.

Once an arbitration award is issued, is it final and binding?

For the most part, yes. However, Ohio law permits a court to vacate an arbitration award. The reasons for which an
arbitration award can be vacated are very narrow. For additional information, please refer to the "In a Nutshell" section of
this Web site.

What is an unfair labor practice?

Under Ohio's collective bargaining law, the legal definition of an unfair labor practice is an action taken by an employer
(including any agent or representative of an employer), an employee organization (including agents and representatives
of an employee organization), or a public employee that violates Section 4117.11, Revised Code.

The law prohibits such actions as interfering with, coercing or restraining employees from exercising their rights to join
in collective bargaining activities, interfering with the formation of employee organizations and encouraging employees to
engage in illegal strikes. OCB represents State of Ohio employers in the initial stages of unfair labor practice charges that
are filed with the State Employment Relations Board.

The State Employment Relations Board has published a brochure on unfair labor practices that can be accessed on its
Web site. Click here to download a copy of this brochure, which is a PDF (Adobe Reader) document.

How many mediations take place regarding grievances filed by State of Ohio employees?

In fiscal year 2007, approximately 1,485 cases were mediated. Out of that number, approximately 61% were either settled
or withdrawn.

[Page last updated June 14, 2007]