According to Ohio Revised Code Section 4117.01(C), a "Public Employee" means any person holding a position by appointment or employment in the service of a public employer, including any person working pursuant to a contract between a public employer and a private employer and over whom the National Labor Relations Board has declined jurisdiction on the basis that the involved employees are employees of a public employer.
Exceptions to the description of a “Public Employee” include the following:
- Persons holding elective office.
- Employees of the general assembly and employees of any other legislative body of the public employer whose principal duties are directly related to the legislative functions of the body.
- Employees on the staff of the governor or the chief executive of the public employer whose principal duties are directly related to the performance of the executive functions of the governor or the chief executive.
- Persons who are members of the Ohio organized militia, while training or performing duty under section 5919.29 or 5923.12 of the Revised Code.
- Employees of the state employment relations board, including those employees of the state employment relations board utilized by the state personnel board of review in the exercise of the powers and the performance of the duties and functions of the state personnel board of review.
- Confidential employees.
- Management level employees.
- Employees and officers of the courts, assistants to the attorney general, assistant prosecuting attorneys, and employees of the clerks of courts who perform a judicial function.
- Employees of a public official who act in a fiduciary capacity, appointed pursuant to section 124.11 of the Revised Code.
- Students whose primary purpose is educational training, including graduate assistants or associates, residents, interns, or other students working as part-time public employees less than fifty per cent of the normal year in the employee’s bargaining unit.
- Employees of county boards of election.
- Seasonal and casual employees as determined by the state employment relations board.
- Part-time faculty members of an institution of higher education.
- Participants in a work activity, developmental activity, or alternative work activity under sections 5107.40 to 5107.69 of the Revised Code who perform a service for a public employer that the public employer needs but is not performed by an employee of the public employer if the participant is not engaged in paid employment or subsidized employment pursuant to the activity.
- Employees included in the career professional service of the department of transportation under section 5501.20 of the Revised Code.
- Employees of community-based correctional facilities and district community-based correctional facilities created under sections 2301.51 to 2301.58 of the Revised Code who are not subject to a collective bargaining agreement on June 1, 2005.