4117. State Employment Relations Board
Chapter 4117-1 General Provisions
4117-1-01 Applicability and powers.
(A) The rules set forth in this chapter shall apply to all proceedings before the board unless otherwise specifically provided in the context of an individual rule.
(B) The board may issue such orders and take such other action not specifically provided for in these rules as may be necessary to accomplish the purpose of promoting orderly and constructive relationships between all public employers and their employees to the extent not contrary to Chapter 4117. of the Revised Code or Chapters 4117-1 to 4117-25 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.06, 4117.07, 4117.09, 4117.12, 4117.23
Prior Effective Dates: 6/24/84.
4117-1-02 Filing and copies; service.
(A) Definitions:
(1) Electronic filing-the electronic transmission of information to a designated email address of the state employment relations board for case processing.
(2) Time of filing-an electronic document is filed when it is received by the designated email address of the state employment relations board on or before five p.m. on a business day; electronic filings received by the designated email address of the board after five p.m. on a business day or on a Saturday, Sunday, legal holiday shall be considered filed on the next business day.
(3) Service-the delivery of a writ, summons, complaint, or other notice or order by an authorized server upon another, provides official notification that a legal action or proceeding against a party has been commenced or filed.
(4) Electronic mail-messages sent and received through an electronic service system utilizing the public internet.
(5) Filer-person who filed an electronic document.
(B) Under this chapter all documents shall be filed electronically in a read-only format except for:
(1) Unfair labor practice charges;
(2) Requests for recognition with showing of interest;
(3) Petitions for representation election with showing of interest; and
(4) Petitions for decertification election with showing of interest.
Paper documents shall include an original plus one copy. No paper copies shall be filed with documents filed electronically.
Parties may electronically serve a document on other parties of record. Electronic service made after five p.m. on a business day or on a Saturday, Sunday, or legal holiday shall be considered complete on the next business day. The proof of service of a document served by electronic filing shall state the email address of the person to whom the document was transmitted and both the date and time of the transmission; otherwise, all documents not served electronically shall include proof of service to the other parties to the proceeding or their representatives. Proof of service shall be signed and shall include the address to which the document is delivered, the manner of delivery, and the date of mailing or, if service is not by mail, the date of actual delivery or an acknowledgment of receipt signed by the recipient. Service may be made by mail or by personal service including hand delivery or by leaving a copy at the principal office or personal residence of the party or representative required to be served. Service by mail shall be deemed complete upon mailing. Such documents shall not be accepted for filing unless they contain proof of service signed by the party or the party’s representative. Documents for which confidentiality is requested pursuant to paragraph (G) of this rule need not contain proof of service.
(C) Every document to be filed with the state employment relations board shall be transmitted in format and manner that can be read and downloaded by electronic equipment then in use by the board. All documents filed with the board shall be formatted as follows: double spaced on eight-and-one-half-inch by eleven-inch paper with one-inch margins, in type face no smaller than eleven points, and no more than fifteen pages in length unless prior authorization is received from the board, board member, administrative law judge, executive director, or the office of the general counsel. All documents filed with the board shall have numbered pages, and shall contain the caption of the case, the case number, and a title including the name of the party on whose behalf the document was filed. All case captions shall be submitted in the following format: four-digit year, dash, three-letter case-type designation, dash, two-digit month, dash, four-digit sequential case number assigned by the board. Documents filed with the board concerning a case assigned to a board member or administrative law judge shall state the name of the board member or administrative law judge in the caption.
(D) All electronic filings shall contain an electronic signature or an /s/ notation followed by the name of the filer, mailing address, telephone number, and email address. Parties shall update any change of their contact information promptly.
(E) The state employment relations board has discretion to waive technical defects in any document filed with the board if no undue prejudice would result.
(F) Any party who lacks the technological capability to comply with this rule must file a written motion for relief from the electronic-filing requirements at the time the party makes its initial appearance in a matter; within said motion, a party shall show good cause why it is not feasible to file electronically.
(G) An individual submitting information may request in writing that affidavits or other investigatory materials be kept confidential. Documents for which confidentiality is requested shall be filed with a written request that confidentiality be maintained. Documents submitted pursuant to a state employment relations board agent’s request in the course of an investigation and for which confidentiality is promised shall automatically be kept confidential. Substantial evidence and showings of interest submitted in accordance with rules 4117-3-03 and 4117-5-02 of the Administrative Code will automatically be kept confidential.
Replaces: 4117-1-02
Effective: 10/25/2010
R.C. 119.032 review dates: 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.01, 4117.02
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87, 1/2/05
4117-1-03 Computation of time.
(A) In computing any time period prescribed by or allowed by Chapter 4117. of the Revised Code and Chapters 4117-1 to 4117-25 of the Administrative Code, or by order or directive of the board or individual conducting a proceeding, such period shall begin to run on the day following the day of the act, event, or occurrence. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, legal holiday, or a day or part of a day on which the board office in Columbus is closed, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, legal holiday, or a day or part of a day on which the board office in Columbus is closed.
(B) When a document is served upon a party by United States mail and that party has the right or is required to do some act or take some proceeding within a prescribed period after service of a document, three days shall be added to the time prescribed for doing such act or taking such proceeding. This provision does not apply to the calculation of time for acceptance or rejection of fact-finding recommendations pursuant to rule 4117-9-05 of the administrative code.
Effective: 10/25/2010
R.C. 119.032 Review Dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: RC 4117.02
Rule Amplifies: RC 4117.01 to 4117.02
Prior Effective Dates: 5-18-87; 6-24-84; 5-26-84 (Emer.); 10-19-87
4117-1-04 Motions.
(A) Motions shall be submitted via electronic mail, except for motions made at a hearing, and shall briefly describe the order, ruling, or action sought, setting forth with particularity the grounds.
(B) Responses to motions shall conform to the requirements of paragraph (A) of this rule. Responses shall be filed within ten days of service of the motion, which time may be altered by the board, board member, or administrative law judge.
(C) Rulings on motions filed with the board shall be issued via electronic mail to each of the parties. The board, board member, or administrative law judge may orally rule on the record on a motion at the hearing but shall issue a ruling in writing if such ruling is made after the hearing.
(D) Motions, rulings, orders, and directives shall become a part of the record. Rulings by a board member or administrative law judge on motions or objections shall not be appealed directly to the board but shall be considered by the board in reviewing the record only if raised in the exceptions to the proposed order or recommended determination, except as provided in paragraph (B) of rule 4117-1-11 of the Administrative Code.
(E) Motions for reconsideration may be filed with the board no later than thirty days after the issuance of the board’s final ruling. These motions must contain a clear and concise statement of the reasons why the board should reconsider its previous decision.
(F) Motions shall not be accepted for filing with the board unless they contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07, 4117.11, 4117.12, 4117.14, 4117.16, 4117.23
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 7-1-96; 1-2-05
4117-1-05 Continuances and extensions of time.
(A) Except as otherwise provided in Chapter 4117. of the Revised Code, the board, board member, or administrative law judge may, upon its own motion or upon the motion of any party, continue the hearing, extend the time to file any document, or change the place at which the hearing is to be held and shall so notify the parties, provided that this provision shall not apply to hearings conducted pursuant to divisions (C) and (G) of section 4117.14 of the Revised Code. The executive director or the office of the general counsel may rule on extensions of time to file exceptions to a proposed order or recommended determination, cross-exceptions, or responses to exceptions.
(B) Before a party files a motion for an extension of time to file any document or for a continuance of a hearing, the moving party shall consult all other parties to determine whether they have any objection to the motion. If no objections are raised, the moving party shall state that the other parties have been consulted and that they authorize the moving party to represent that they have no objection to the motion. Compliance with this rule does not supplant the service requirement of rules 4117-1-02 and 4117-1-04 of the Administrative Code.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07, 4117.11, 4117.12, 4117.14, 4117.16, 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05
4117-1-06 Appearances.
(A) An attorney or representative for any party to a proceeding who has filed an initial pleading or notice of appearance for that party shall remain the attorney or representative of record and shall receive correspondence and service unless or until a motion to withdraw or a new notice of appearance has been filed with the board and served on all parties by a successor attorney or representative.
(B) A separate notice of appearance must be filed via electronic mail for each separate action. An attorney or representative shall update any change of contact information promptly.
(C) All board communications regarding a pending case will be sent via electronic mail to the representative named on the most recent notice of appearance in the particular case.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.04, 4117.05, 4117.07, 4117.10, 4117.12, 4117.13, 4117.14, 4117.15, 4117.16, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87
4117-1-07 Intervention.
(A) Any person having a significant interest in a proceeding may file with the board a motion to intervene. The board, board member, or administrative law judge may by directive permit intervention to such extent and upon such terms as may be deemed proper. A motion to intervene may be made before or at the time of hearing, except as provided in paragraphs (B) and (C) of this rule.
(B) Intervention by an employee organization in a representation or decertification election must be filed in writing and supported by evidence that at least ten per cent of the employees in the unit wish to be represented by the intervenor. Evidence shall conform to the requirements of paragraph (A)(6) of rule 4117-5-02 of the Administrative Code. Such intervention will be permitted only if the motion to intervene is filed by the date specified by the board in its official “Notice to Employees.”
(C) When a petition for representation election has been filed by a rival employee organization pursuant to paragraph (C) of rule 4117-5-01 of the Administrative Code, or when a petition for decertification election has been filed pursuant to paragraph (D) of rule 4117-5-01 of the Administrative Code, an incumbent exclusive representative will be treated as a party unless the incumbent disclaims interest in the unit.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07, 4117.11, 4117.12, 4117.16, 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05
4117-1-08 Notice of hearing; consolidation.
(A) Whenever a hearing is to be conducted, the board shall issue and serve upon all parties a notice of hearing specifying the date, time, and place of the hearing. Such notice shall include a statement of the purpose of the hearing, the legal authority under which the hearing is to be held, with a reference to the particular sections of the statutes and rules involved, and, if the hearing is not conducted by the board, the name of the board member or administrative law judge who shall conduct the hearing. Such notice shall be served upon all parties at least ten days prior to the scheduled hearing, except in the case of hearings conducted pursuant to division (B) of section 4117.12 of the Revised Code.
(B) A party contending that the administrative law judge or other agent designated to conduct a hearing is biased or partial in the proceeding may raise an objection by filing with the board a sworn statement setting forth the facts relevant to the objection. Such statement must be filed with the board prior to five days before the hearing. The board in its discretion may disqualify the administrative law judge or agent and designate another administrative law judge or agent to conduct the hearing.
(C) Upon direction of the board separate cases involving the same facts, same or similar issues of law, or the same or related parties may be consolidated. Any party may file a written objection to the consolidation within ten days of service of the notice of consolidation. Unless otherwise specified by the board, all filings relating to any of the consolidated cases shall list all case numbers.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.14, 4117.16, 4117
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-1-09 Subpoenas; witness fees.
(A) Upon application of any party, a board member, or the administrative law judge assigned to conduct a hearing or the board may issue subpoenas requiring attendance and testimony of witnesses and the production of any evidence, including, but not limited to, books, records, correspondence, or documents in their possession or under their control. Application for subpoenas may be made ex parte. The subpoena shall show on its face the name and address of the witness whose appearance is requested, the time, date, and place of hearing, and the name and address of the party at whose request it was issued, and the proceeding involved. A subpoena duces tecum shall describe with particularity the documents sought to be produced. Any person served with a subpoena who opposes compliance with it may file promptly, but in no event later than the time specified for compliance, a motion to quash the subpoena. The board may also issue subpoenas upon its own motion. The person requesting a subpoena is responsible for service of that subpoena and shall complete an affidavit of service and file it with the board via electronic mail.
(B) Upon the failure of any person to comply with a subpoena issued by the board, a board member, or an administrative law judge, the board may institute proceedings in the appropriate court of common pleas for an order enforcing said subpoena.
(C) Witnesses subpoenaed to appear before the board, a board member, or an administrative law judge shall be paid the same fees and mileage that are paid witnesses in the courts of Ohio, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of Ohio pursuant to section 2335.06 of the Revised Code.
(D) Public employees shall be paid witness fees only if subpoenaed to appear at a hearing that they attend during time other than regularly scheduled workhours. Public employees shall be paid by their employer for time they are absent from their work to attend hearings, including board-directed mediations, provided the public employee was subpoenaed or was a party. No employee shall be required to take leave in lieu of pay for attendance. Mileage shall be paid only to persons incurring unreimbursed travel expenses to attend a hearing. Neither parking costs nor food and lodging are reimbursable by the board. Witness fees and mileage shall be taxed as costs to the party requesting the subpoenas.
(E) Mileage and witness fees shall not be paid to any witness who fails to register at the hearing for which the witness was subpoenaed.
(F) Parties may not subpoena themselves.
(G) In the case of fact-finding or conciliation hearings, the board will issue a subpoena only upon the request of the fact-finder, fact-finding panel, or the conciliator.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.14, 4117.16, 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05
4117-1-10 Depositions and discovery.
(A) Upon application and for good cause shown, to preserve testimony in a pending case, the board, a board member, or an administrative law judge assigned to conduct the hearing may direct that the testimony of any person, including a party, be taken by deposition.
(B) At hearings other than fact-finding or conciliation hearings, discovery may be permitted by deposition or interrogatory only at the discretion of the board or board member or administrative law judge assigned to hear the case. Timelines will be established by the board, board member, or administrative law judge.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.14, 4117.16, 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-1-11 Powers of individuals conducting hearings.
(A) Individuals conducting hearings other than fact-finding or conciliation hearings shall have the authority to take the following actions:
(1) To administer oaths and affirmations;
(2) To receive relevant evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;
(3) To question witnesses;
(4) To cause depositions to be taken and to regulate the scope and course of prehearing discovery;
(5) To regulate the time, place, and course of the hearing;
(6) To dispose of procedural requests or other similar matters;
(7) Either prior to or during the course of hearing, to hold conferences for the settlement, simplification, or adjustment of the issues by consent of the parties;
(8) To subpoena witnesses and the production of books, papers, documents, or other evidence;
(9) To exclude any person for improper conduct; and
(10) To take any other action necessary and authorized under Chapter 4117. of the Revised Code or Chapters 4117-1 to 4117-25 of the Administrative Code.
(B) No party may take an interlocutory appeal from any ruling issued by an administrative law judge under this rule or any oral ruling issued by an administrative law judge during a public hearing or prehearing conference unless the appeal presents a new or novel question of interpretation, law, or policy, or is taken from a ruling that represents a departure from past precedent or board practice, and an immediate determination by the board is needed to prevent the likelihood of undue prejudice or expense to one or more of the parties, should the board ultimately reverse the ruling in question.
(C) For fact-finding and conciliation hearings, paragraph (H) of rule 4117-9-05 and paragraph (F) of rule 4117-9-06 of the Administrative Code apply.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07, 4117.11, 4117.12, 4117.15, 4117.16, 4117.19, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87
4117-1-12 Rights of parties at hearings; standards for those who practice before the board.
Any party shall have the right to appear in person, by counsel, or by any other representative who is knowledgeable about Chapter 4117. of the Revised Code and the rules of the board, to present his or her case orally or by other permissible evidence, and to conduct such examination as may be required for a full and true disclosure of the facts. The board or agents thereof may expressly authorize on the record all parties to submit briefs or proposed decisions, directives, or orders to the board, board member, or administrative law judge. Such briefs or proposed decisions, directives, or orders shall be filed within ten days from the close of the hearing or at such other time designated by the board or board member or administrative law judge assigned to hear the case.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.16, 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05
4117-1-13 Exceptions and briefs in support.
(A) Exceptions to a proposed order pursuant to section 4117.12 of the Revised Code in unfair labor practice cases and briefs in support thereof shall be filed with the board within twenty days after service of the proposed order. Exceptions and briefs in support in all other cases shall be filed with the board within ten days after service of the recommended determination.
(B) Where exceptions have been filed, any other party may file a response and/or cross-exceptions within ten days after service of the exceptions. Within ten days after service of cross-exceptions, a party may file a response to the cross-exceptions, but such response must be limited to only new issues raised in the cross-exceptions. No other responses may be filed, unless allowed by the board.
(C) Exceptions to a proposed order or recommended determination shall contain, in addition to the requirements of rule 4117-1-02 of the Administrative Code, a brief statement of each issue with which the party takes exception, the reason for the exception, and a statement of the precise relief sought. All exceptions shall be filed in a read-only document.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05
4117-1-14 Oral argument.
The board may require oral argument in any cause even though the same was not requested, may limit the time thereof, or may dispense with oral argument even though application for oral argument has been made.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07, 4117.09, 4117.12, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84.
4117-1-15 Determination by the board.
(A) After the proposed order or recommended determination of a board member or an administrative law judge is issued to the parties and their representatives and following expiration of the time period for filing exceptions and responses, the board shall consider the record and issue an appropriate order, a written decision, or directive resolving the issues before the board. The decision, order, or directive of the board shall be served upon the parties or their representative of record.
(B) Board approval of a proposed order or recommended determination does not constitute adoption of the reasoning set forth in that proposed order or recommended determination unless the reasoning is expressly adopted by the board and the findings of fact, analysis and discussion, and conclusions of law are incorporated by reference in the board order or directive.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-1-16 Withdrawal of pending actions.
A party wishing to withdraw any action pending before the board must file a motion to withdraw. The motion must be served upon all other parties and must contain proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07, 4117.09, 4117.11, 4117.12, 4117.15, 4117.16, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-1-17 Citations to authority.
(A) References to board opinions, orders, and other rulings shall cite the case by name with the official reporter opinion number and date or, if the matter has not been officially reported, the full case name, case number(s), and the date on which the cited ruling was issued.
(B) Proposed orders and recommended determinations shall not be cited as authority for any principle unless the analysis and discussion of the board member or administrative law judge has been expressly adopted by the board in accordance with rule 4117-1-15 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.16, 4117.23
Prior Effective Dates: 5-18-87; 1-2-05.
4117-1-18 Open hearings; media access.
(A) The board, by unanimous agreement, or the presiding board member or administrative law judge may permit the broadcasting or recording by electronic means and the taking of photographs in hearings or meetings open to the public pursuant to section 121.22 of the Revised Code if such recording or broadcasting, in the determination of the board or presiding board member or administrative law judge, will not distract participants, impair the dignity of the proceedings, disrupt the proceedings, or otherwise interfere with the achievement of a fair and efficient hearing or meeting.
(B) Electronic broadcasting or recording of the proceedings will be permitted subject to such conditions as the board or presiding board member or administrative law judge may impose in consideration of the factors set forth in paragraph (A) of this rule.
(C) The board or presiding board member or administrative law judge will not permit the filming, videotaping, recording, or taking of photographs of witnesses who object to being filmed, videotaped, recorded, or photographed. This provision does not apply to: (1) the recording of testimony made under the board’s control for the preparation of an appropriate record of the proceedings, or (2) recordings made in the course of depositions taken pursuant to rule 4117-1-10 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.16, 4117.17, 4117.21, 4117.23
Prior Effective Dates: 5-18-87; 1-2-05.
4117-1-19 Settlements; mediator testimonial privilege.
(A) The board shall assign an individual to conduct mediation in an attempt to settle disputes of the parties pending before the board upon the request of the parties or at its direction for the purpose of promoting orderly and constructive relationships between public employers, public employees, and employee organizations.
(B) The mediator’s testimony may not be compelled and shall not be admissible with regard to any matter subject to the board’s jurisdiction.
(C) Offers of settlement and evidence of conduct or statements made in the course of settlement negotiations to resolve disputes before the board are not admissible in later board proceedings. However, otherwise discoverable evidence will not be excluded merely because it was also presented in the course of settlement.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12, 4117.14, 4117.16, 4117.21
Prior Effective Dates: 7-1-96; 1-2-05.
Chapter 4117-3 Voluntary Recognition
4117-3-01 Voluntary recognition requests.
(A) Requests for recognition by an employee organization pursuant to section 4117.05 of the Revised Code shall be filed with the board and served upon the employer. Requests for recognition shall not be accepted for filing with the board unless they contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. The request for recognition shall contain:
(1) The name, address, and affiliation, if any, of the employee organization, and the name and telephone number of its principal representative;
(2) A description of the bargaining unit which the employee organization proposes to represent, specifying inclusions and exclusions and the approximate number of employees in the unit;
(3) A statement that a majority of the employees in the bargaining unit wish to be represented by the employee organization; and
(4) Certification by the employee organization that the employee organization has filed with the board substantial evidence as defined in rule 4117-3-03 of the Administrative Code supporting the employee organization’s statement that a majority of the employees in the bargaining unit wish to be represented by the employee organization.
(B) Immediately upon receipt of a request for recognition, the employer shall post a notice in each facility at which employees in the proposed unit are employed, a copy of which shall be filed with the board. The notice posted by the employer shall be no smaller than eight and one-half inches by eleven inches, shall be legible, and shall contain:
(1) A description of the proposed bargaining unit;
(2) The name of the employee organization requesting recognition;
(3) The date of receipt by the employer of the request for recognition;
(4) A statement advising employees that any objections to certification must be filed with the board not later than the twenty-first day following the date on which the employer received the request for recognition.
(C) Notices posted pursuant to paragraph (B) of this rule shall be placed in conspicuous locations where employees will be reasonably apprised of the contents. The notices shall be posted for twenty-one days. The employer shall take reasonable steps to ensure that notices are not altered, defaced, or covered by other materials. Immediately upon posting the notice the employer shall submit to the board a certification of posting together with a copy of the notice and a copy of the request for recognition.
(D) The posting of a notice pursuant to paragraph (B) of this rule and division (A)(2)(a) of section 4117.05 of the Revised Code does not prevent an employer from filing with the board a petition for election by the twenty-first day following the date on which the employer received the request.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-3-02 Objections to voluntary recognition requests; petitions in response.
(A) Any objections to a request for recognition shall be filed with the board and served upon the parties not later than the twenty-first day following the employer’s receipt of the request for recognition.
(B) On the twenty-second day following the employer’s receipt of the request for recognition, the board shall certify as the exclusive representative the employee organization filing the request for recognition unless by the twenty-first day:
(1) The employer has filed a petition for election pursuant to section 4117.07 of the Revised Code, in which case the board will determine whether there is a question of majority representation warranting a representation election;
(2) The board receives substantial evidence as defined by rule 4117-3-03 of the Administrative Code demonstrating that a majority of the employees in the described bargaining unit do not wish to be represented by the employee organization that filed the request for recognition;
(3) The board receives from another employee organization substantial evidence as defined by rule 4117-3-03 of the Administrative Code demonstrating that at least ten per cent of the employees in the described bargaining unit wish to be represented by such other employee organization; or
(4) The board receives substantial evidence as defined by rule 4117-3-03 of the Administrative Code indicating that the proposed unit is not appropriate.
(C) The board shall not certify an exclusive representative pursuant to an employee organization’s request for recognition if the proposed bargaining unit is prohibited by division (D) of section 4117.06 of the Revised Code or if the evidence submitted in support of the request for recognition is not substantial.
(D) In the event the employer does not file a petition for representation election pursuant to sections 4117.05 and 4117.07 of the Revised Code, the board shall determine whether or not the employee organization is entitled to certification pursuant to section 4117.05 of the Revised Code and Chapter 4117-3 of the Administrative Code. The board may conduct inquiries, investigations, and hearings for the purpose of determining whether it has received substantial evidence in support of either the request for recognition or objections. The board shall notify the employee organization and employer of its determination.
(E) The submission of substantial evidence in accordance with paragraph (B)(2) or (B)(3) of this rule may result in the direction of an election if the board determines that there is a question of majority representation.
(F) Nothing in this rule shall be construed to permit a public employer to recognize, or the state employment relations board to certify, an employee organization as an exclusive representative under Chapter 4117. of the Revised Code if there is in effect a lawful written agreement, contract, or memorandum or understanding between the public employer and another employee organization which, on the effective date of Chapter 4117. of the Revised Code, has been recognized by a public employer as the exclusive representative of the employees in a unit or which by tradition, custom, practice, election, or negotiation has been the only employee organization representing all employees in the unit; this restriction does not apply to that period of time covered by any agreement which exceeds three years. For the purposes of this rule, extensions of agreement do not affect the expiration of the original agreement.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-3-03 Substantial evidence for the purpose of voluntary recognition.
(A) For the purposes of division (A)(2), (A)(2)(b)(ii), and (A)(2)(b)(iii) of section 4117.05 of the Revised Code, and rules 4117-3-01 and 4117-3-02 of the Administrative Code,”substantial evidence” shall consist of the following documentation that shall be filed only with the board:
(1) Original signed statements, with each signature dated not more than one year prior to the date of filing, including but not limited to cards and petitions, that clearly set forth the intent of the employee with respect to representation by the employee organization; or
(2) Dues deduction authorizations or employer-verified dues deduction lists in effect as of the payroll period immediately preceding the filing of the request for recognition with the board; or
(3) Current cash dues receipts.
(B) At its discretion, the board, in the interest of fairness, may waive the time limitations of paragraph (A)(1) of this rule. For the purpose of division (A)(2)(b)(iv) of section 4117.05 of the Revised Code, “substantial evidence” shall consist of a clear and concise statement of the reason the unit is not appropriate, such statement to be supported by documentation relating to the factors set forth in section 4117.06 of the Revised Code.
(C) The board may request from any party any information necessary to determine if evidence is substantial, including but not limited to an alphabetized, numbered payroll list of employees in the proposed unit.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
Chapter 4117-5 Petitions, Elections
4117-5-01 Petitions: who may file; purposes.
(A) A petition for election of an exclusive representative may be filed by an employee or group of employees or by any individual or employee organization acting in their behalf or by an employer who has been presented with a request for recognition.
(B) A petition supported by a showing of interest by at least thirty per cent of the employees in the unit stating a desire for representation by the employee organization for purposes of collective bargaining may be filed by an employee, group of employees, or employee organization acting in their behalf. The petition shall be known as a petition for representation election.
(C) A petition for representation election supported by a showing of interest by at least thirty per cent of the employees in the unit and alleging that the incumbent exclusive representative is no longer the representative of the majority of employees in the unit and alleging that at least thirty per cent of the employees in the unit wish to be represented by a rival employee organization may be filed by an employee or a group of employees or by any individual or employee organization.
(D) A petition supported by a showing of interest by at least fifty per cent of the employees in the unit alleging that the incumbent exclusive representative is no longer the representative of the majority of the employees in the unit and asserting that a majority of employees wish to have no exclusive representative for purposes of collective bargaining shall be known as a petition for decertification election and may be filed by any group of employees, or any individual acting in their behalf provided, however, that:
(1) An individual acting on behalf of employees seeking a decertification election must file with the petition verification in writing, signed by the employees, that the individual has been authorized by the employees to act as their agent in filing the decertification petition.
(2) No petition for decertification election as defined in this rule may be filed where the incumbent employee organization is deemed certified pursuant to division (A) of section 4 of Amended Substitute Senate Bill 133 of the 115th General Assembly.
(E) In the absence of a question of majority representation, a petition for clarification of an existing bargaining unit or a petition for amendment of certification may be filed by the exclusive representative or by the employer. The purposes of such petitions are:
(1) For amendment of certification, to alter the composition of the unit by adding, deleting, or changing terminology in the unit description;
(2) For clarification of a unit, to determine whether a particular employee or group of employees is included or excluded from the unit based upon the existing unit description and the duties of the employees in question.
(F) For a unit that is deemed certified pursuant to division (A) of section 4 of Amended Substitute Senate Bill 133 of the 115th General Assembly, a petition for unit clarification or amendment may be filed at any time. Unless a petition for amendment of such a unit is submitted by mutual request, the board will not consider amendment unless the petition is filed by the deemed-certified employee organization and is not opposed by the employer.
(G) When a petition to amend certification seeks the addition of a group of employees to the existing unit, such addition may be permitted only if the number of employees to be added is substantially smaller than the number of employees in the existing unit.
(H) A petition filed under this rule shall be signed and in writing. An original and one copy of the petition shall be filed with the board. A petition shall not be accepted for filing with the board unless it contains proof of service upon the other parties pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. Petitions filed pursuant to paragraph (C) or (D) of this rule must be served upon both the incumbent employee organization and the employer.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07, Section 4 of the temporary language of Am. Sub. S.B. 133, 115th General Assembly
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 11-9-87; 1-2-05.
4117-5-02 Contents of petitions.
(A) A petition for a representation election, when filed by an employee or group of employees or an individual or employee organization acting in their behalf, shall contain:
(1) The name, address, and affiliation, if any, of the petitioner, and the name, address, and telephone number of its principal representative;
(2) The name, address and county of the employer;
(3) A description of the bargaining unit proposed by the petitioner specifying inclusions and exclusions and the approximate number of employees in the unit;
(4) The date of expiration of any current collective bargaining agreement covered by any employees in the proposed unit;
(5) The names and addresses of all other known employee organizations claiming to represent employees in the proposed unit;
(6) An allegation that at least thirty per cent of the employees in the proposed unit wish to be represented by the employee organization as the exclusive representative, together with evidence in support. Such evidence shall consist of:
(a) Original signed and dated statements, with each signature dated and signed not more than one year prior to the date of filing, including but not limited to cards and petitions, that clearly set forth the intent of the employee with respect to representation by the employee organization; provided, however, that at its discretion the board in the interest of fairness may waive the one-year time limitation; or
(b) Dues deduction authorizations or employer-verified dues deduction lists in effect as of the payroll period immediately preceding the filing of the petition for representation election; or
(c) Current cash dues receipts.
(7) Any other relevant facts.
(B) A petition for a representation election, when filed by an employer, shall contain:
(1) The name, address, and county of the petitioner, and the name, address, and telephone number of its principal representative;
(2) The name, address, and affiliation, if any, of the employee organization that has requested recognition as an exclusive representative and the date the request was made
(3) A description of the bargaining unit for which representation has been requested, and, if different, a description of the bargaining unit proposed by the employer, and the approximate number of employees in the unit or units;
(4) The date of expiration of any collective bargaining agreement covering any employees in the proposed unit or units;
(5) The names and addresses of all other known employee organizations claiming to represent employees in the proposed unit or units;
(6) A concise statement by the employer of the basis for filing the petition; and
(7) Any other relevant facts.
(C) A petition for decertification election filed pursuant to division (A)(1) of section 4117.07 of the Revised Code shall contain:
(1) The name, address, and county of the petitioner, and the name, address, and telephone number of its principal representative;
(2) The name, address, and county of the employer involved;
(3) The name, address, and affiliation, if any, of the incumbent exclusive representative of the employees in the unit involved;
(4) A description of the bargaining unit and the approximate number of employees in said unit;
(5) A statement that the incumbent exclusive representative is no longer the representative of the majority of the employees in the unit, together with evidence that at least fifty per cent of the employees in the unit no longer wish to be represented by the exclusive representative, such evidence to consist of:
(a) Original signed and dated statements, with each signature dated and signed not more than one year prior to the date of filing, including but not limited to cards and petitions, that clearly set forth the intent of the employee with respect to representation by the employee organization; provided, however, that, at its discretion, the board in the interest of fairness may waive the one-year time limitation; or
(b) In the case of an individual who is filing on behalf of a group of employees, verification that the individual has been authorized by the employees to act as their agent in filing a petition for decertification election.
(6) The date of expiration of the collective bargaining agreement, if any, covering employees in the unit;
(7) The names and addresses of all other known employee organizations claiming to represent employees in the unit;
(8) Any other relevant facts.
(D) A petition for clarification of an existing bargaining unit or for amendment of the certification of an exclusive representative shall contain:
(1) The name, address, and county of the employer and of the exclusive representative, and the name, address, and telephone number of the petitioner’s principal representative;
(2) A description of the present bargaining unit and the date of certification or recognition of the exclusive representative;
(3) The proposed clarification of the bargaining unit or the proposed amendment of the certification of the exclusive representative;
(4) A statement of the reasons why clarification or amendment is requested, including a statement explaining why there is no question of representation;
(5) The date of the expiration of the collective bargaining agreement, if any;
(6) Any other relevant facts.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-5-03 Consent elections.
(A) At any time subsequent to the filing of a petition for representation or decertification election, the parties may enter into and file with the board a consent election agreement. The agreement shall include a waiver of hearing, a description of the unit, the proposed date(s), time(s), and place(s) of the election, and the date to be used to determine which employees shall be eligible to vote. The eligibility date shall, unless otherwise directed by the board or agreed to by the parties, be the payroll period ending just prior to the date on which the board approves the consent election agreement.
(B) If the board approves the consent election agreement, the board shall conduct an election. A consent election shall be conducted in the same manner as an election directed as a result of a hearing, and all questions arising in connection with the conduct or results of a consent election shall be processed in accordance with procedures set forth in Chapter 4117-5 of the Administrative Code.
(C) Dates, times, and places of the election will be determined by the board with due consideration given to the proposals of the parties.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-5-04 Investigation of petitions.
(A) Subsequent to the filing of a petition for a representation or decertification election, the board shall conduct an investigation to determine if there is reasonable cause to believe that a question of representation exists. If the board determines that there is not reasonable cause to believe that a question of representation exists, it shall dismiss the petition and notify all parties.
(B) Subsequent to the filing of a petition for clarification or amendment, the board shall conduct an investigation to determine whether there is evidence to support the petition. After investigation or hearing, the board may order clarification or amendment, as the case may be, or may dismiss the petition. The board shall notify all parties of the disposition of the petition.
(C) Ten days after the service of a petition for representation or decertification election on the employer, the employer must file with the board and serve upon the other parties an alphabetized, numbered payroll list of all employees employed in the proposed unit as of the pay period ending just prior to the filing of the petition. With the list, the employer must provide proof of service upon the other parties pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. The board may require an employer to provide such other information as it deems necessary to conduct a thorough investigation pursuant to division (A) of section 4117.07 of the Revised Code and to this rule.
(D) Subsequent to the filing of a petition for representation or decertification election, the employer shall post a board-provided notice notifying employees that a petition has been filed and setting forth the rights of employees under Chapter 4117. of the Revised Code. Such notice shall be placed in conspicuous locations where employees will be reasonably apprised of the contents. The employer shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by other material. Immediately upon posting the notice, the employer shall submit to the board a certification of posting verifying the date and places of posting together with a copy of the notice.
(E) Intervention for the purpose of this rule shall be in accordance with paragraph (B) of rule 4117-1-07 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-5-05 Hearing on questions of representation.
(A) If the board determines that there is reasonable cause to believe that a question or questions of representation requiring a hearing exist, the board shall issue to the parties a notice of hearing. Immediately upon receipt, an employer shall post such notice in a conspicuous place where employees will be reasonably apprised of its contents. The notice shall remain posted until the hearing is concluded. The employer shall take reasonable steps to ensure that such notices are not altered, defaced or covered by other materials.
(B) The board, a board member, or an administrative law judge will conduct a hearing to determine whether a question of representation exists. In a written prehearing statement, each party shall state all issues to be raised at the hearing. Parties failing to submit a prehearing statement may be denied the opportunity to present evidence at the hearing.
(C) If the board finds upon the record of the hearing that a question of representation exists, it shall direct an election in accordance with section 4117.07 of the Revised Code and Chapter 4117-5 of the Administrative Code. If the board finds that a question of representation does not exist, it shall dismiss the petition and notify all parties.
(D) If the board determines from the investigation that there is a question of majority representation requiring an election and that there are no other disputed issues, the board may direct an election without a hearing.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 10-19-87; 1-2-05.
4117-5-06 Notice of election; access to employees.
(A) Whenever an election is to be conducted, the board shall issue and serve upon the parties a notice of election which shall contain the following information:
(1) A description of the bargaining unit;
(2) The dates, times, and places where the election will be conducted;
(3) The date that will be utilized to determine voter eligibility;
(4) A sample ballot.
(B) Within three days of receipt, and in no event less than ten days before the election, the employer shall post copies of the notice of election at each facility in conspicuous locations where employees will be reasonably apprised of the election. The copies of the notice of election shall remain posted until the balloting has been completed. The employer shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by other materials.
(C) Failure to file with the board a written objection to the form or content of the notice of election not later than three days prior to the commencement of the election shall constitute a waiver of the objection if the objecting party knew of the defect prior to the election, or through the exercise of reasonable diligence should have known.
(D) To ensure a free atmosphere for the development of opinions and the dissemination of information and ideas for and against representation for purposes of collective bargaining, no party should be given advantage over any other party in gaining access to employees during organizational or campaign activity. Issues as to whether fair access was available shall be determined on the facts of each case through election objection procedures set forth in rule 4117-5-10 of the Administrative Code or unfair labor practice procedures set forth in sections 4117.11 and 4117.12 of the Revised Code.
(E) During organizational or campaign activity, the employer or employee organization(s) may hold meetings to discuss representation or election issues, but attendance must be voluntary and available to all employees in the proposed or determined unit. An employer who holds such a meeting during work time must provide the employee organization(s) with equal access to all employees in the proposed or determined unit during work time.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-5-07 Election eligibility lists.
(A) After the board directs an election, the employer shall file with the board and serve upon each party to the election an alphabetized, numbered election eligibility list containing the names and home addresses of all eligible voters. Unless otherwise directed by the board, the eligibility list must be filed and served by the earlier of these two dates:
(1) Ten days after the board issues the direction of election; or
(2) Ten days prior to the commencement of the election.
(B) The board may require the employer to arrange the list according to polling sites or in any other manner that it deems appropriate.
(C) Failure to object in writing to the board to the form or content of the election eligibility list prior to the commencement of an election shall constitute a waiver of the objection if the objecting party knew of the defect prior to the election, or through the exercise of reasonable diligence should have known.
(D) At any time prior to or during the pre-election conference, the parties may jointly agree in writing to additions to or deletions from the eligibility list.
(E) If the employer fails to timely file a proper eligibility list, the board may, at its discretion, compile a list from any sources available to it.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: RC 4117.02, 4117.07
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-5-08 Election procedure.
The board or its agent shall conduct all representation elections. All elections shall be by secret ballot cast and, at the board’s discretion, shall be conducted by mail or electronically or in person. Proxy ballots shall not be allowed. Upon the filing of a petition and a sufficient showing of interest, the board or its agent will schedule a pre-election conference. No later than five days before the pre-election conference, the employer shall provide to the board a list of all eligible voters with their home addresses. The board will promptly provide the list to the employee organizations that are parties to the election.
(A) For elections by mail ballot, a notice and ballot materials shall be mailed by the board or its agent to each eligible employee and any employee that a party to the election claims to be an eligible voter. No less than fourteen days shall be provided between the date on which ballot materials are mailed and the deadline for return of the ballots.
(1) Where more than one employee organization is a party in the election, the incumbent shall have first choice as to the position of the employee organization’s name on the ballot. For nonincumbent employee organizations, choices as to ballot position shall be made in the order in which the employee organizations filed.
(2) Any party to the election or an agent of the board may challenge for good cause the eligibility of any person to participate in the election. Prior to the counting of the ballots in a mail-ballot election, the parties may, by written mutual agreement and with the consent of the agent of the board, resolve the challenge to the eligibility of a person to participate in the election. If the unresolved, challenged ballots are sufficient in number to affect the results of the election, the challenging party shall file with the board affidavits and any other data in support of its challenge within ten days of the election.
(3) The agent of the board shall place mail ballots returned to the board in a ballot box kept in a secured location within the board’s offices. After the deadline for the return of ballots has transpired, the ballot box shall be sealed until the designated date and time set by the agent of the board for the ballot count.
(4) Upon the date and time set for the counting of the ballots, the agent shall count the ballots at the designated time at the board’s offices. Each party may be present through its designated representatives at the counting of ballots. Upon completion of the count, a written tally of ballots shall be supplied to each party.
(B) If the board determines that the circumstances of a particular case indicate that an on-site election would be more efficient or appropriate than a mail-ballot election, a notice shall be posted at appropriate locations. Ballot materials shall be brought to polling sites by an agent of the board. Absentee ballots shall not be allowed.
(1) Where more than one employee organization is a party in the election, the incumbent shall have first choice as to the position of the employee organization’s name on the ballot for an on-site election. For nonincumbent employee organizations, choices as to ballot position shall be made in the order in which the employee organizations filed.
(2) In an on-site election, each party to the election may be represented by an equal number of observers at each polling site. The selection and number of observers shall be subject to the approval of the board chairperson or board agent. Observers may be bargaining-unit employees who shall be nonsupervisory, nonmanagement employees of the employer. No later than ten days prior to the election, each party shall file with the board and shall serve upon the other parties a list of those individuals whom the party intends to use as observers or alternate observers, unless for good cause shown, a shorter time period is required. The employer shall release employee observers without loss of pay from their regular job assignments to enable them to serve as observers.
(3) No person shall be permitted to come within twenty-five feet of the entrance to any polling site from the time of opening to the time of closing of the polls, except for voters who are engaged in the actual process of voting, agents of the board, and election observers. The entrance to the polling site shall be determined solely by the agent of the board who conducts the election. Distribution or posting of campaign literature within twenty-five feet of the entrance of any polling site during polling hours is prohibited.
(4) An observer for any party to the election or an agent of the board may challenge for good cause the eligibility of any person to participate in the election. Prior to the counting of ballots, the parties may, by written mutual agreement and with the consent of the agent of the board, resolve the challenge to any challenged ballot. If the unresolved, challenged ballots are sufficient in number to affect the results of the election, the challenging party shall file with the board affidavits and any other data in support of its challenge within ten days of the election.
(5) Upon conclusion of the voting, the agent of the board shall count the ballots, allowing observers and other representatives of the parties to the election to be present. Upon completion of the count, a written tally of ballots shall be supplied to each party. In elections where the ballot box must be transported by the board agent to another site for the tally, observers and representatives of each party may be present at the sealing of the ballot box by the board agent.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-5-09 Determining results of election.
(A) In order to prevail in an election, a choice must receive more than fifty per cent of the number equal to the total valid ballots cast, provided, however, that in any representation election in which the choices are an employee organization and “no representative,” and the resulting vote is equally divided, it will be determined that “no representative” has prevailed; provided, further, that in a decertification election in which the resulting vote is equally divided between the incumbent representative and “no representative,” it will be determined that the incumbent has prevailed.
(B) When an election in which the ballot provided for three or more choices results in no choice receiving a majority of the valid ballots cast, the board shall direct a runoff election. The ballot in a runoff election shall provide for selection between the two choices receiving the highest and the second highest number of votes in the first election. Only employees who were eligible to vote in the first election and who remain eligible on the date of the runoff election shall be eligible to vote in the runoff election, unless the board directs otherwise.
(C) In a runoff election between two employee organizations where the results of the runoff election are equally divided between the employee organizations, the incumbent prevails.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-5-10 Post-election objections; determination of challenges.
(A) Within ten days after service of the tally of ballots, any party may file with the board objections relating to the conduct of the election or conduct affecting the results of the election. Such objections shall contain a brief statement of the reasons therefor and shall be accompanied by data, including but not limited to affidavits, in support of the allegations in the objections. Objections without supporting data may be dismissed by the board. Responses to any post-election objections may be filed with the board within ten days after service of the objections.
(B) If post-election objections are filed or if challenged ballots are sufficient in number to affect the results of the election, the board shall investigate such objections or challenges. Position statements on challenged ballots must be filed within ten days of the service of the tally of ballots. The board shall issue a directive resolving relevant issues based upon the investigation; provided, however, that disputed issues of material fact may be determined upon an evidential hearing. The board may dismiss the post-election objections or challenges, direct the counting of some or all of the challenged ballots, or where warranted, set aside the previous election and direct another election. Should another election be directed by the board, it shall be conducted pursuant to the procedures set forth in Chapter 4117-5 of the Administrative Code. Only employees who were eligible to vote in the first election and who remain eligible on the date of the rerun election shall be eligible to vote in the rerun election, unless the board directs otherwise.
(C) Objections shall not be accepted for filing with the board unless they contain proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
R.C. 119.032 review dates: 08/31/2010 and 08/31/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87
4117-5-11 Certification of the results of the election.
(A) After resolution of challenges and objections, unless another election is to be held, the board shall issue to the parties a certification in accordance with the results of the election.
(B) The board may also certify an employee organization as an exclusive representative if it determines that a free and untrammeled election cannot be conducted because of the employer’s unfair labor practices and that at one time the employee organization had the support of the majority of the employees in the unit.
(C) Certification is effective and the employee organization assumes its official status as the exclusive representative on the date that the board votes to certify the election results. Certification shall constitute a bar to a petition for a representation election for a period of one year from the date on which the board votes. The one-year period may be tolled by litigation, bad faith bargaining, or other equitable reasons.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
Chapter 4117-7 Unfair Labor Practice
4117-7-01 Unfair labor practice charges.
(A) A charge that an unfair labor practice has been or is being committed may be filed by any person with standing. To have standing, the charging party must possess a direct interest, relevant knowledge of the alleged harm, and a right to be protected. Such charge shall be filed with the board within ninety days after the alleged unfair labor practice was committed. If the charging party is prevented from filing a charge by reason of service in the armed forces, the charge shall be filed no later than ninety days after the day of his or her discharge.
(B) A charge that an unfair labor practice has been or is being committed shall be in writing and signed by the charging party or the charging party’s representative and shall contain the following:
(1) The name, affiliation, if any, address, and county of the charging party and the title, name, and address of any representative filing the charge;
(2) The name, affiliation, if any, address, and county of the charged party;
(3) A clear and concise statement of the facts constituting the alleged unfair labor practice;
(4) A brief statement of any other information relevant to the charge; and
(5) Proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. An unfair labor practice charge without proof of service shall not be accepted for filing.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.
4117-7-02 Processing and investigation of unfair labor practice charges.
(A) Investigation of charges shall be limited to the facts and issues raised in the charge and any facts or issues reasonably related to the charge. If the board determines that it has probable cause for believing that an unfair labor practice has been or is being committed, it shall direct issuance of a complaint and cause the complaint to be served upon the charged party.
(B) If the board determines that it does not have probable cause to believe that an unfair labor practice has been or is being committed, it shall not issue a complaint, shall dismiss the charge, and shall so notify the parties.
(C) To withdraw a charge, the charging party shall file with the board a motion to withdraw, which shall include a proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
(D) Upon a written request from a SERB investigator, a party shall be required to submit information within specified timelines established by the investigator.
(E) Failure to respond to a SERB investigator’s written request for information within the period of time specified by the investigator or failure to cooperate in the investigative process may result in a decision pursuant to division (B) of section 4117.12 of the Revised Code that is adverse to the party failing to respond or cooperate.
(F) Confidentiality of information provided in the course of an investigation may be requested in accordance with paragraph (G) of rule 4117-1-02 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87.
4117-7-03 Unfair labor practice complaints.
A finding by the board that there is probable cause to believe that section 4117.11 of the Revised Code has been violated shall result in the issuance of a complaint in which the board shall be the complainant and the charged party or parties shall be the respondent(s). A complaint that an unfair labor practice has been or is being committed shall contain:
(A) A clear and concise description of the acts that are claimed to constitute unfair labor practices, including the approximate dates, times, and places of such acts and the names of the persons by whom committed; and
(B) A notice of hearing stating the place, time, and date of the hearing and, if the board is not hearing the case, the name of the board member or administrative law judge assigned to the case. The hearing will be scheduled to take place within ten days after service of the complaint, in accordance with division (B) of section 4117.12 of the Revised Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: RC 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.
4117-7-04 Answers to unfair labor practice complaints.
(A) A respondent’s answer to an unfair labor practice complaint shall be filed via electronic mail within ten days from receipt of the complaint or amendment to the complaint but in no event later than the commencement of the hearing ,whichever is earlier. Such answer shall include a specific admission, denial, or explanation of each allegation of the complaint. If the respondent is without knowledge of an allegation, he or she shall so state in which case such statement shall operate as a denial. Admissions or denials may be made to all or part of a particular allegation. Any allegation not specifically denied is deemed admitted. When a respondent denies an allegation of fact in the complaint, the answer shall state with specificity the basis for the denial. The answer shall include a specific statement of any affirmative defense. Failure to state an affirmative defense in the answer shall constitute a waiver of such affirmative defense, except the defenses of failure to state a cause of action, unconstitutionality of the statute, or lack of subject matter jurisdiction, which defenses may be raised at any time.
(B) If a respondent fails to file a timely answer to the complaint, such failure shall be deemed to constitute an admission of the allegations contained in the complaint.
(C) The filing of a motion to dismiss shall not toll the time for filing an answer.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87
4117-7-05 Hearings on unfair labor practice complaints.
(A) In conducting hearings under section 4117.12 of the Revised Code, the board, a board member, or an administrative law judge assigned to hear the case shall not be bound by the rules of evidence prevailing in the courts but may take into account all reliable evidence tending to prove the existence or nonexistence of an unfair labor practice.
(B) If upon the preponderance of the evidence taken, the board finds that a respondent has committed an unfair labor practice, the board shall state its findings of fact and issue and cause to be served on the respondent an order requiring the respondent to cease and desist from these unfair labor practices, and take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of Chapter 4117. of the Revised Code. If the board fails to find by a preponderance of the evidence taken that the respondent named in the complaint has committed an unfair labor practice, it shall state its findings of fact and issue an order dismissing the complaint.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: RC 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.
4117-7-06 Compliance.
(A) A party against whom an order has been issued to make periodic reports showing the extent to which there has been compliance with the order shall file with the board and serve upon the charging party a written report, with supporting documents, of its compliance with the board order or settlement agreement. The report shall contain such information and shall be given at such times as the board in its discretion determines is necessary to ascertain whether there is compliance with the order.
(B) Any person or party may inform the board of alleged failure to comply with a board order. A claim of noncompliance may be made in writing to the board. Wherever possible, information and documents to support the claim of noncompliance shall be filed with the claim of noncompliance. If the board determines that there is reasonable cause to believe that there is noncompliance it shall investigate, may take appropriate action and may seek court enforcement.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87.
4117-7-07 Petitions for injunctive relief.
Contingent upon a finding of probable cause, a charging party may file with the board a motion requesting that the board seek injunctive relief from the appropriate court pursuant to division (C) of section 4117.12 of the Revised Code. The motion should state the reasons why substantial and irreparable harm will result if temporary relief is not granted. The board, in its discretion, will determine whether to seek injunctive relief.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 5/18/87.
4117-7-08 Appeals to court.
Pursuant to division (D) of section 4117.13 of the Revised Code, an appeal of a board order in an unfair labor practice case may be filed in the court of common pleas of any county where the unfair labor practice in question was alleged to have been engaged in or where the person resides or transacts business. A notice of such appeal must be filed with the court and the board within fifteen days of mailing of the order.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.13
Prior Effective Dates: 5/18/87.
Chapter 4117-9 Negotiations
4117-9-01 Roster of neutrals.
(A) The board will accept written applications for individuals to be included on the SERB roster of neutrals. The board may require applicants to provide references, writing samples, and information concerning current employment, relevant experience, and ability to function as a neutral.
(B) Pursuant to the dispute resolution procedures of section 4117.14 of the Revised Code, the board will appoint fact finders and conciliators from the SERB roster of neutrals. For negotiations proceeding under alternate settlement procedures as provided in rule 4117-9-03 of the Administrative Code, the board will make available, upon written request, lists of neutrals from which the parties may select fact finders, conciliators, or arbitrators.
(C) The board shall establish a maximum rate per day, a maximum limit for actual and necessary expenses, and a maximum charge, if any, for cancellation fees to compensate fact finders and conciliators for their services under the statutory dispute settlement procedures. If a roster member wishes to change his or her fees or expenses, that member shall notify the board in writing at least thirty days prior to the change. Expenses must be documented with receipts. For purposes of this rule only, “day” means any calendar day in which the neutral provides eight hours of service relevant to the assignment. A portion of a day of service shall be compensated at an hourly rate established by the board. Compensable time may include time spent by the neutral preparing for and scheduling hearings. A party who fails to pay a neutral’s fee within sixty days of issuance of the neutral’s bill must also pay to the neutral a late fee of ten per cent of the neutral’s fee that was assessed to that party.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 7-1-96; 1-2-05
4117-9-02 Notice to negotiate.
(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:
(1) Serve via electronic mail a notice to negotiate stating such desire upon the other party and the board.
The notice to negotiate shall include:
(a) Duration of any current agreement;
(b) Nature of the bargaining (successor agreement, reopener);
(c) The impasse resolution provisions of the current collective bargaining agreement; and
(d) Any mutually agreed-upon dispute settlement procedure that may have been entered into by the parties not included in the previous collective bargaining agreement.
(2) Offer to bargain collectively with the other party for the purpose of modifying, reopening, or terminating any existing agreement or negotiating a successor agreement; and
(3) File via electronic mail with the board a certification that the current agreement previously has been filed with the board or a copy of the existing collective bargaining agreement.
(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:
(1) For negotiations in anticipation of the expiration of a current collective bargaining agreement, the period of sixty days after the notice to negotiate is served via electronic mail upon the other party and filed with the board, or the sixty-day period preceding the expiration of the collective bargaining agreement, whichever period expires later unless there is an agreement to extend;
(2) For a newly certified employee organization that has not been a party to a collective bargaining agreement with the employer, the period of ninety days after the notice to negotiate is served via electronic mail upon the other party and filed with the board, unless there is an agreement to extend;
(3) For collective bargaining negotiations under a reopener provision of an effective collective bargaining agreement, the period of sixty days after the notice to negotiate is served via electronic mail upon the party and filed with the board, unless there is an agreement to extend.
(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:
(1) The parties are subject to a mutually agreed-upon dispute settlement procedure pursuant to rule 4117-9-03 of the Administrative Code;
(2) A motion to stay for good cause shown is granted by the board ,however, the board may delegate to the executive director or the office of the general counsel authority to grant a stay conditionally, pending action at the next meeting of the board, in accordance with this paragraph;
(3) The parties file with the board a joint written notification of settlement or tentative agreement. In the event of written notification of a tentative settlement, the board shall suspend the statutory dispute settlement procedure until notified in writing by either party that the tentative agreement has been rejected. The board may delegate to the administrator of the bureau of mediation or the executive director authority to suspend procedures in accordance with this paragraph.
(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.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05
4117-9-03 Mutually agreed-upon dispute settlement procedure.
(A) The parties may, at any time, agree to submit any or all issues in dispute to any mutually agreed-upon dispute settlement procedure authorized by section 4117.14 of the Revised Code, which procedure shall supersede the procedures set forth in rules 4117-9-04, 4117-9-05, and 4117-9-06 of the Administrative Code, and in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14 of the Revised Code.
(B) A mutually agreed-upon dispute settlement procedure shall be filed via electronic mail with the board within five days of its execution. Where a mutually agreed-upon dispute settlement procedure is a provision in an existing collective bargaining agreement, a copy of the provision shall be filed with the notice to negotiate, and the notice shall contain a citation to the pertinent provision of the collective bargaining agreement.
(C) For employees who are prohibited from striking under division (D)(1) of section 4117.14 of the Revised Code, a mutually agreed-upon dispute settlement procedure must provide for final and binding resolution of disputed issues by a neutral third party. The procedure shall not permit or attempt to permit the employees to strike.
(D) For employees who are permitted to strike under division (D)(2) of section 4117.14 of the Revised Code, a mutually agreed-upon dispute settlement procedure may provide for final and binding resolution of issues by a neutral third party. In such a procedure, the employee organization waives its right to strike.
(E) A mutually agreed-upon dispute settlement procedure shall not require any action by the board or impose any obligation upon the board. Parties to the mutually agreed-upon dispute settlement procedure shall regularly, or upon request, keep the board informed of the status and/or progress of the mutually agreed-upon dispute settlement procedure via electronic mail. Either party to the mutually agreed-upon dispute settlement procedure may, upon showing of good cause, move the board to declare the mutually agreed-upon dispute settlement procedure concluded and to reassert jurisdiction. The board in its discretion will determine the point at which the parties will enter the statutory procedure. Pursuant to a mutually agreed-upon procedure and upon written request, the board will provide a list of neutrals for use by the parties.
(F) Parties may, by agreement filed via electronic mail with the board, abandon a mutually agreed-upon dispute settlement procedure and jointly move for application of the statutory dispute settlement procedure set forth in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14 of the Revised Code. If the parties enter into a mutually agreed-upon dispute settlement procedure during pendency of the statutory procedure, board involvement ceases under the statutory procedure.
(G) The parties may mutually agree and notify the board via electronic mail, to extend timelines for voting on a fact-finder’s report, establish methods of delivery of reports, establish a rate of pay in excess of the rate established by the board, designate another agency to provide mediation services, or by mutual agreement, modify other non-substantive procedural requirements without entering into a mutually agreed-upon dispute settlement process.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05
4117-9-04 Mediation.
When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, mediation shall be conducted in accordance with these terms:
(A) At any time subsequent to the serving and filing of the notice to negotiate pursuant to paragraph (A), (B), or (C) of rule 4117-9-02 of the Administrative Code, the parties may notify the board of existence of an impasse. Upon receipt via electronic mail of the parties’ notification of impasse, the board shall appoint a mediator to assist the parties in the collective bargaining process.
(B) Forty-five days prior to the expiration of the negotiation period, if a mediator has not already been appointed pursuant to paragraph (A) of this rule, the board shall appoint a mediator to assist the parties in the collective bargaining process.
(C) The board may continue mediation at any time, order the parties to engage in collective bargaining until the expiration of the negotiation period, or both.
(D) Upon board appointment, the mediator is available to assist the parties until a settlement is reached in negotiations.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05
4117-9-05 Fact-finding.
When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be conducted in accordance with these terms:
(A) Subsequent to receipt of a request via electronic mail from either party for fact-finding and to the appointment of a mediator, the board shall send to the parties a list of five fact finders from the board’s rosterof neutrals. Other than a joint request by the parties, a request via electronic mail for fact-finding must be filed with the board, served upon the other party, and include proof of service pursuant to rule 4117-1-02 of the Administrative Code. A second list shall be issued only pursuant to a statement showing good cause.
(B) Not later than seven days after the date that the board sent to the parties a list of fact finders, the parties shall submit to the board via electronic mail a mutually selected fact-finding panel of one or three members. The names of mutually selected alternates to the preferred panel also shall be submitted to the board via electronic mail at this time. Such selections shall be made by alternate striking of the names, unless the parties mutually agree to another means of selection. If the parties cannot agree to the number of members on the panel, the board shall appoint a one-member panel.
(C) The parties may mutually select any fact finder from the board’s roster of neutrals instead of selecting from the list provided by the board. However, selection of a fact finder not listed on the roster shall constitute a mutually agreed-upon dispute settlement procedure and preclude appointment of the fact-finding panel by the board.
(D) Upon receipt of notice of the fact-finding panel selected by the parties, the board shall appoint a fact-finding panel no later than fifteen days after receipt of the request for fact-finding or the appointment of a mediator, whichever occurs later. If the parties have not submitted a selected fact-finding panel to the board within the time designated in these rules, the board shall, in its sole discretion, appoint a fact-finding panel consisting of one member.
(E) In those cases where selected fact finders are unavailable, the parties may select another fact finder from the same list and notify the board via electronic mail within three days. If no selection is made, the board shall appoint a fact finder at its discretion.
(F) Pursuant to division (C)(3)(a) of section 4117.14 of the Revised Code, upon notice of appointment of the fact-finding panel and no later than five p.m. on the last business day prior to the hearing, each party shall submit via electronic mail to the fact-finding panel and the other party a position statement. A failure to submit via electronic mail such a position statement to the fact finder and the other party no later than five p.m. on the last business day prior to the hearing, shall cause the fact-finding panel to take evidence only in support of matters raised in the written statement that was submitted prior to the hearing. The statement shall include:
(1) The name of the party and the name, mailing address, email address, and telephone number of the principal representative of the party;
(2) A description of the bargaining unit including the approximate number of employees;
(3) A copy of the current collective bargaining agreement, if any; and
(4) A statement defining all unresolved issues and summarizing the position of the party with regard to each unresolved issue.
(G) The parties may mutually agree to an extension of the statutory fact-finding timelines at any time subsequent to the appointment of the fact-finding panel. An extension must be specific as to duration, agreed to by both parties, and submitted to the panel and filed with the board via electronic mail within five days of its execution. An extension may be continued, provided the original extension procedures are followed. The fact-finding panel has no authority to extend the statutory timelines absent mutual agreement of the parties.
(H) The fact-finding panel must hold an evidential hearing except that the parties may stipulate facts and waive hearing. For purposes of hearing, the fact-finding panel shall have the power to regulate the time, place, course, and conduct of the hearing, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and request the board to issue subpoenae to compel attendance of witnesses and the production of books, papers, and records relating to any matter before the fact-finding panel. The fact-finding panel may not choose a hearing location at a cost to the parties unless the parties fail to agree to an alternate cost-free location. Costs associated with a meeting room shall be the obligation of the parties.
(I) Fact-finding hearings are to be held in private.
(J) The fact-finding panel, in making findings of fact, shall take into consideration all reliable information relevant to the issues before the fact-finding panel.
(K) The fact-finding panel, in making recommendations, shall take into consideration the following factors pursuant to division (C)(4)(e) of section 4117.14 of the Revised Code:
(1) Past collectively bargained agreements, if any, between the parties;
(2) Comparison of the unresolved issues relative to the employees in the bargaining unit with those issues related to other public and private employees doing comparable work, giving consideration to factors peculiar to the area and classification involved;
(3) The interest and welfare of the public, the ability of the public employer to finance and administer the issues proposed, and the effect of the adjustments on the normal standard of public service;
(4) The lawful authority of the public employer;
(5) Any stipulations of the parties;
(6) Such other factors, not confined to those listed above, which are normally or traditionally taken into consideration in the determination of issues submitted to mutually agreed-upon dispute settlement procedures in the public service or in private employment.
(L) No later than fourteen days after the appointment of the fact-finding panel, unless the parties mutually agree to an extension, the fact-finding panel, acting by a majority of its members, shall serve on the parties and the board via electronic mail findings of fact, recommendations on the unresolved issues, and a separate summary of each recommendation. Any subsequent change or adjustment by the fact-finding panel in the fact-finding report must be based upon error or omission and must be submitted by the fact-finding panel to the board for consideration and imposition of new time periods. If the fact-finder’s report contains an error that needs correction, the parties shall contact the fact finder to raise the concern. If the report contains a substantive error that requires an adjustment to the report, the fact finder shall file a request with the board for authorization to adjust the report. Unless the parties agree to extend the voting period, the parties should conduct a vote upon the report as issued without correction. Once the board grants authorization for the fact finder to adjust the report, new timelines will be established for conducting a new vote to accept or reject the report as adjusted. Obvious typographical errors admitted by the fact finder do not require a board authorized adjustment.
(M) Immediately upon receipt, the exclusive representative shall make available, by posting or by other method reasonably calculated to inform the members of the employee organization in the unit, the findings, recommendations, and summaries of the fact-finding panel together with a notice of the dates, times, and places where the employee organization’s members in the unit may vote to approve or reject the recommendations of the fact-finding panel. A secret ballot election shall be conducted by the exclusive representative at the dates, times, and places set forth in the notice. Such election shall be conducted not later than seven days after the findings, recommendations, and summaries of the fact-finding panel are served pursuant to paragraph (C) of rule 4117-1-02 of the Administrative Code. Each member of the employee organization in the unit shall at the time and place of election be issued a ballot containing a choice of “approve” and a choice of “reject” the recommendations of the fact-finding panel. There shall be no voting by proxy. The ballots shall be tallied immediately upon the conclusion of the election. Verification by electronic mail of the date of the election, the vote tally, and the number of members of the employee organization in the unit shall be served upon the board and served upon the employer within twenty-four hours after the tally of ballots, but in no event later than twenty-four hours after the expiration of the seven-day voting period. The verification must contain proof of service upon the employer pursuant to rule 4117-1-02 of the Administrative Code. Failure to serve upon the board and the employer the required voting information within twenty-four hours of the expiration of the seven-day voting period shall constitute failure to reject the recommendations, and the recommendations shall be deemed accepted as the resolution of issues submitted to fact-finding. Oral notification to the board or the employer shall not constitute timely compliance with this rule.
(N) Immediately upon receipt, the employer’s representative shall make available to the appropriate legislative body the findings, recommendations, and summaries of the fact-finding panel. Not later than seven days after the findings, recommendations, and summaries of the fact-finding panel are served pursuant to paragraph (C) of rule 4117-1-02 of the Administrative Code, the legislative body shall meet and vote to accept or reject the recommendations of the fact-finding panel. Verification by electronic email of the date of the vote, the vote tally, and the number of members of the legislative body shall be served upon the board and the exclusive representative within twenty-four hours after the vote count but in no event later than twenty-four hours after the expiration of the seven-day voting period. The verification must contain proof of service upon the employee organization pursuant to rule 4117-1-02 of the Administrative Code.
Failure to serve upon the board and the employee organization the required information within twenty-four hours of the expiration of the seven-day voting period shall constitute failure to reject the recommendations, and the recommendations shall be deemed accepted as the resolution of issues submitted to fact-finding. Oral notification to the board or the employee organization shall not constitute timely compliance with this rule.
(O) If neither party rejects by a three-fifths vote the recommendations of the fact-finding panel, not later than seven days after the recommendations are sent, the recommendations shall be deemed agreed upon as the final resolution of the issues submitted to the fact-finding panel and a collective bargaining agreement shall be executed, including the fact-finding panel’s recommendations, except as otherwise modified by the parties by mutual agreement.
(P) If the recommendations of the panel are rejected by a three-fifths vote of either party and the rejection information required by paragraph (M) or (N) of this rule is timely served upon the board and the other party, the board shall post a copy of the fact-finding report and the notice of rejection in its Columbus offices and shall mail copies to the press, with recipients determined at the board’s discretion. A board-provided notice of the rejection and a copy of the fact-finding report shall be posted by the employer and the employee organization in conspicuous locations where employees will be reasonably apprised of the contents. The “date of publication” is the date the board mails the notice and report to the press. A notice of rejection shall remain posted for a period of thirty days or until settlement occurs, whichever is earlier.
(Q) The parties shall share the cost of the fact-finding panel in a manner agreed to by the parties. If the parties cannot agree on how to share the cost of fact-finding, the parties shall each pay one-half of the remaining cost.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05
4117-9-06 Final offer settlement procedure; conciliation.
Members of a police or fire department, members of the state highway patrol deputy sheriffs, dispatchers employed by a police or fire or sheriff’s department or the state highway patrol or civilian dispatchers employed by a public employer other than a police, fire, or sheriff’s department to dispatch police, fire, sheriff’s department, or emergency medical or rescue personnel and units, an exclusive nurse’s unit, employees of the state school for the deaf or the state school for the blind, employees of any public employee retirement system, correction officers, guards at penal or mental institutions, special policemen or policewomen appointed in accordance with sections 5991.14 and 5123.13 of the Revised Code, psychiatric attendants employed at mental health forensic facilities, or youth leaders employed at juvenile correctional facilities, or members of law enforcement security force that is established and maintained exclusively by a board of county commissioners and whose members are employed by that board are prohibited from striking. Unless the parties are subject to a mutually agreed-upon dispute settlement procedure in compliance with paragraph (C) of rule 4117-9-03 of the Administrative Code, these conciliation procedures shall apply:
(A) If the parties are unable to reach an agreement within seven days after the publication of the findings and recommendations of the fact-finding panel, then the board shall issue to the parties an order pursuant to division (D)(1) of section 4117.14 of the Revised Code requiring the parties to engage in settlement by conciliation by a conciliator selected by the parties in accordance with paragraph (B) of this rule. The board may delegate to the bureau of mediation or the executive director responsibility for ordering conciliation when no substantive issues have been raised and when these conditions have been met:
(1) The fact-finding report was rejected timely by at least one party by a three-fifths majority of the individuals who were eligible to vote;
(2) The vote on the fact-finding report was served timely upon the board and the other party;
(3) Publication of the fact-finding report did occur in which the effective date of publication is stated on the board-issued notice of rejection of the fact-finding report; and
(4) At least seven days have passed since the effective date of publication of the fact-finding report, and the parties have not reached a settlement.
Concurrent with its order, the board shall provide to the parties a list of five neutrals from which the conciliator will be selected.
(B) The parties shall select a conciliator from the list by alternate striking of names. The parties may select any conciliator from the board’s roster of neutrals rather than selecting from the list submitted by the board. If the parties agree to select a conciliator who is not listed on the board’s roster of neutrals, the selection shall constitute a mutually agreed dispute settlement procedure.
(C) The parties shall within five days of the issuance of the list notify the board via electronic mail of their mutually selected conciliator and of any mutually selected alternates to the preferred conciliator. When selected conciliators are unavailable, the board shall appoint a conciliator chosen at its discretion.
(D) If the board has not received notification via electronic mail of a mutually selected conciliator within five days after issuance of the conciliation order and list of conciliators, on the sixth day after issuance of the order and list, the board shall appoint a conciliator at its discretion. Notification via electronic mail to the bureau of mediation within five days of issuance of the order and list will be sufficient notice.
(E) Upon notice of the conciliator’s appointment, each party shall submit via electronic mail to the conciliator and the other party a position statement. A failure to submit such a position statement to the conciliator, to the other party, and to the board five calendar days prior to the day of the hearing shall require the conciliator to take evidence only in support of matters raised in the position statement that was submitted prior to the hearing. The statement shall include:
(1) The name of the party and the name, mailing address, email address, and telephone number of the principal representative of the party;
(2) A description of the bargaining unit including the approximate number of employees;
(3) A copy of the current collective bargaining agreement, if any;
(4) A report defining all unresolved issues, stating the party’s final offer as to each unresolved issue, and summarizing the position of the party with regard to each unresolved issue. If, after submission of the parties’ reports, mediation efforts result in a change in a final offer, a party or parties may, by mutual agreement, submit a revised final offer to the conciliator.
(F) The conciliator shall hold a hearing within thirty days of the effective date of the board’s order to conciliate, or as soon thereafter as practicable. For purposes of the hearing, the conciliator shall have the power to regulate the time, place, course, and conduct of the hearing, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and request the board to issue subpoenae to compel attendance of witnesses and the production of books, papers, and records relating to any matter before the conciliator. A conciliator may not choose a hearing location at a cost to the parties unless the parties fail to agree to an alternate cost-free location. The conciliator shall make provisions allowing for a written record of the hearing. The conciliator’s notes shall constitute the record for the conciliation hearing, unless the parties agree otherwise.
(G) Conciliation hearings are to be held in private.
(H) The conciliator shall take the following into consideration in resolving the dispute between the parties:
(1) Past collectively bargained agreements, if any, between the parties;
(2) Comparison of the issues submitted to final offer settlement relative to the employees in the bargaining unit involved with those issues related to other public and private employers doing comparable work, giving consideration to factors peculiar to the area and classification involved;
(3) The interests and welfare of the public, the ability of the public employer to finance and administer the issues proposed, and the effect of the adjustments on the normal standard of public service;
(4) The lawful authority of the public employer;
(5) The stipulations of the parties; and
(6) Such other factors, not confined to those listed in this rule, which are normally or traditionally taken into consideration in the determination of issues submitted to final offer settlement through voluntary collective bargaining, mediation, fact-finding, or other impasse resolution procedures in the public service or in private employment.
(I) The conciliator shall make written findings of fact and promulgate a written opinion and order upon the issues presented and upon the record made at the conciliation hearing and shall deliver via electronic mail a true copy thereof to the parties and the board within thirty days of the last date of hearing, unless the parties mutually agree to an extension although failure of the conciliator to meet the thirty-day deadline does not affect the validity of the conciliation award.
(J) The issuance of a final offer settlement award constitutes a binding mandate to the public employer and the exclusive representative to take whatever actions are necessary to implement the award.
(K) The parties shall bear equally the cost of conciliation.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 7-1-96; 1-2-05
4117-9-07 Filing of collective bargaining agreement.
(A) One executed copy of any collective bargaining agreement accompanied by a completed state employment relations board contract data summary sheet shall be filed via electronic mail with the board by the employer within thirty days of execution.
(B) For the purpose of this rule, the term “collective bargaining agreement” includes contract, memorandum of understanding, extension, amendment, modification, reopener, settlement, or other addendum entered into between an employee organization and employer.
(C) All wage information shall be submitted with the collective bargaining agreement. Any amendments or renegotiation of wage information accompanied by a completed state employment relations board contract data summary sheet shall be filed via electronic mail by the employer upon execution of the amendment or renegotiated provision.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87
Chapter 4117-11 Challenges to Rebate Procedure; Religious Exemption
4117-11-01 Challenges to rebate procedure.
(A) Any employee organization representing public employees pursuant to Chapter 4117. of the Revised Code shall prescribe an internal procedure conforming to federal law to determine a rebate, if any, for nonmembers who are required pursuant to a collective bargaining agreement to pay a fair share fee to the employee organization. The internal rebate procedure shall provide for a rebate of expenditures in support of partisan politics or ideological causes not germane to the work of employee organizations in the realm of collective bargaining. Any employee who has paid to the employee organization a fair share fee may apply to the employee organization for a rebate for such expenditures.
(B) An employee who has applied to an employee organization for a rebate may challenge the employee organization’s determination of the rebate within thirty days of the date of the determination by filing a petition with the board. Such petition shall include:
(1) The name of the employee;
(2) The name of the employee organization;
(3) The name of the employer;
(4) The amount of the employee’s fair share fee;
(5) A copy of the rebate determination by the employee organization, or, if not available, a statement of the rebate determination including the date of rebate determination and amount of rebate, if any;
(6) A statement of the reasons why the rebate determination was arbitrary and capricious;
(7) Proof of service upon an officer of the employee organization pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
(C) Within ten days of service of the petition, the employee organization may file with the board and serve upon the employee objections to the petition.
(D) The board may investigate or hold a hearing to determine whether the employee organization’s determination of a rebate was arbitrary and capricious. The board shall notify the parties of its determination. If the board determines that the employee organization’s determination of a rebate was arbitrary and capricious, the board may order such relief as will effectuate the policies of Chapter 4117. of the Revised Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.09, 4117.14, 4117.19
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.
4117-11-02 [Rescinded] Religious exemption.
Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.09
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05
Chapter 4117-13 Strikes
4117-13-01 Notice of intent to strike.
(A) A notice of intent to strike must be filed with the board and received by the employer no later than ten days prior to the anticipated strike date.
(B) The notice shall be in writing and state:
(1) The date and time at which the intended strike will commence;
(2) The name and address of the exclusive representative of any employees who may be involved in the strike;
(3) The name and address of the employer;
(4) The general description of the unit of employees intending to strike;
(5) Whether a collective bargaining agreement covering the employees is or was in effect, and if so, the date of expiration or extensions; and
(6) Proof of service on the employer, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
(C) The board will not make a determination as to the sufficiency of a notice of intent to strike except in response to a request for determination of an unauthorized strike or in the context of an unfair labor practice charge.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.14, 4117.23
Prior Effective Dates: 5/18/87.
4117-13-02 Request for board determination of unauthorized strike.
(A) An employer that believes that its employees are engaging in a strike that is not authorized by Chapter 4117. of the Revised Code may request from the board a determination of whether the strike is authorized.
(B) The request shall be in writing and shall state:
(1) The name and address of the employer;
(2) The name and address of the exclusive representative of any employees involved in a strike;
(3) The name and address of any other employee organization participating in the strike in any manner, if known;
(4) The names and addresses, if known and job classifications or functions of the striking employees;
(5) The date the strike commenced;
(6) The approximate number of employees on strike and the nature of the strike activity involved;
(7) Whether a collective bargaining agreement covering any striking employee is or was in effect, and, if so, the date of expiration or extensions;
(8) Whether written notice of the intent to strike was given by the employee organization or employees and when such notice was given, together with a copy of the notice;
(9) Efforts that have been made to resolve the dispute, including any statutory or alternate dispute resolution procedures followed by the parties;
(10) A brief statement of why the strike is not authorized;
(11) The case numbers of any pending SERB cases relating to issues associated with the strike; and
(12) Proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code on the employee organization or employee organizations representing the striking employees.
(C) In the case of a wildcat strike or a strike by unorganized employees, the employer shall post copies of the request in conspicuous locations where employees will be reasonably apprised of the contents.
(D) Immediately upon receipt of the request, the employee organization may file with the board and serve on the employer a brief written response to the employer’s request.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.14, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-13-03 Procedures in determining whether strike is unauthorized.
The board shall follow procedures it deems necessary to reach a determination as to whether a strike is unauthorized. Such procedures include, but are not limited to, investigation, evidential hearings, and oral argument.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-13-04 Notice to striking employees.
Upon receipt of a determination by the board that a strike is not authorized under Chapter 4117. of the Revised Code, the employer shall take reasonable steps to notify all striking employees of such determination at least one day prior to the imposition of the penalties provided in section 4117.23 of the Revised Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.23
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-13-05 Penalties for unauthorized strikes; notice and hearing.
(A) If the board determines that the strike is not authorized, then the public employer:
(1) May remove or suspend those employees who one day after notification by the public employer of the board decision that a strike is not authorized continue to engage in the unauthorized strike; and
(2) If the employee is appointed or reappointed, employed, or reemployed, as a public employee, with the same appointing authority, may impose the following conditions:
(a) The employee’s compensation shall in no event exceed that received by him or her immediately prior to the time of the violation.
(b) The employee’s compensation is not increased until after the expiration of one year from the appointment or reappointment, employment, or reemployment.
(3) Shall deduct from each striking employee’s wages, if the board also determines that the public employer did not provoke the strike, the equivalent of two days’ wages for each day the employee remains on strike commencing one day after receiving the notice called for in rule 4117-13-03 of the Administrative Code. The employer shall give the employee credit for wages not paid after that point in time due to the employee’s absence from the place of employment because the employee is on strike.
(B) If an employer imposes a penalty upon an employee pursuant to paragraph (A) of this rule, it shall serve notice of such action upon the employee, the exclusive representative, if any, and the board on or before the date on which the action is to be effective. The notice shall advise the employee of the right to appeal to the board. The employee shall have ten days from receipt of notice to appeal to the board.
(C) After receipt of a timely appeal, the board may conduct a hearing to determine whether the penalty imposed by the employer is appropriate to the situation. If the board finds that the penalty is not appropriate, it may suspend, modify, or reverse the penalty.
(D) Pursuant to division (B)(3) of section 4117.23 of the Revised Code, and upon the employer’s written request, the board may authorize the public employer to impose the penalties stated in this rule and under division (B) of section 4117.23 of the Revised Code retroactively to the date the unauthorized strike commenced.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.23
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-13-06 Request for board determination of a clear and present danger to the public health or safety.
(A) When a court of common pleas has issued a temporary restraining order enjoining a strike and has found probable cause to believe that it poses a clear and present danger to the public health or safety, an employer shall file with the board a written request for a determination of whether the strike in fact poses a clear and present danger.
(B) Copies of the temporary restraining order and the motion for temporary restraining order must be attached to the request. The request shall state:
(1) The name and address of the employer;
(2) The name and address of the exclusive representative of any employees involved in the strike;
(3) The name and address of any other employee organization participating in the strike in any manner, if known;
(4) The names and addresses, if known, and job classifications or functions of the striking employees;
(5) The date the strike commenced;
(6) The approximate number of employees on strike and the nature of the strike activity involved;
(7) A brief statement of why the strike poses a clear and present danger to the public health or safety; and
(8) Proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code to the employee organization or employee organizations representing the striking employees.
(C) In the case of a wildcat strike or a strike by unorganized employees, the employer shall post copies of the request in conspicuous locations where employees will be reasonably apprised of the contents.
(D) Immediately upon receipt of the request, the employee organization may file with the board and serve on the employer a brief written response to the employer’s request.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.16
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-13-07 Procedures in determining whether strike creates clear and present danger.
(A) Prior to expiration of the temporary restraining order, the board shall determine whether the strike creates a clear and present danger to the health or safety of the public. The board shall follow procedures to reach a determination, including, but not limited to, evidential hearings, oral argument, and investigation. The board shall issue and certify to the appropriate court of common pleas a written summary of its findings and determination.
(B) If the board determines that a strike creates a clear and present danger to the public health or safety and a court has ordered the strike further enjoined, the employer and the employee organization or employee organizations representing the striking employees shall immediately engage in collective bargaining with the assistance of a board-appointed mediator.
(C) The mediator, at his or her discretion, may require that the parties bargain in private.
(D) After forty-five days of collective bargaining, if no agreement has been reached, the mediator may make public a report stating the current positions of the parties and the efforts that have been made for settlement. The report shall include a statement by each party of its position and its offers of settlement.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.16, 4117.21
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
Chapter 4117-15 Employee Organization Registration, Annual Report
4117-15-01 Employee organization registration and annual report.
(A) Every employee organization that is certified or recognized as a representative of public employees under Chapter 4117. of the Revised Code shall within sixty days after certification or recognition, file with the board a registration report on a form prescribed by the board together with two copies of the employee organization’s constitution and bylaws. Such filing shall be in conformance with division (A) of section 4117.19 of the Revised Code.
(B) By the fifteenth day of the fifth month following the end of the employee organization’s fiscal year, every employee organization shall file with the board an annual report. Such filing shall be in conformance with division (B) or (G) of section 4117.19 of the Revised Code, whichever is applicable.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.19
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-15-02 Noncompliance with reporting requirements.
(A) A person contending that an employee organization has failed to comply with the reporting requirements of section 4117.19 of the Revised Code or rules 4117-17-01 to 4117-17-04 of the Administrative Code may file with the board a noncompliance complaint. The complaint shall state:
(1) The name of the employee organization and affiliation, if any;
(2) The specific provision of section 4117.19 of the Revised Code that is alleged to have been violated;
(3) The name and address of the individual filing the report;
(4) The date upon which the registration report, annual report, supplement, or other information should have been filed; and
(5) If applicable, the portion of the employee organization’s constitution or bylaws that is in violation of section 4117.19 of the Revised Code.
(B) Upon receipt of a noncompliance complaint, the board may investigate or hold a hearing to determine if the employee organization has failed to comply with the requirements of section 4117.19 of the Revised Code.
(C) Upon a finding of noncompliance, the board may issue a directive requiring the employee organization to comply and may commence an action for injunctive enforcement in the court of common pleas of the county in which the violation occurs. If the board finds that the employee organization has complied substantially with the requirements of section 4117.19 of the Revised Code, the board may dismiss the complaint.
(D) Failure to adhere to a compliance directive may result in an imposition of penalties prescribed in division (E) of section 4117.19 of the Revised Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.18, 4117.19
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-15-03 Employer annual information report.
Each public employer, other than a board of education, shall file an annual information report every January. Each board of education shall file an annual information report every October. The report shall contain the following information:
(A) Name, address, including county, and telephone number of jurisdiction;
(B) Name, address, and telephone number of contact within jurisdiction;
(C) All collective bargaining agreements in effect for the jurisdiction and number of employees in bargaining unit covered by each collective bargaining agreement; and
(D) The effective dates and expiration dates of the collective bargaining agreements.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02
Prior Effective Dates: 5-18-87; 7-1-96; 1-2-05.
Chapter 4117-17 Trusteeships
4117-17-01 Establishment of trusteeships; reporting.
(A) “Trusteeship” as used in this chapter, means any receivership, trusteeship, or other method of supervision or control used by an employee organization to suspend the autonomy otherwise available to a subordinate employee organization.
(B) An employee organization may establish and administer a trusteeship over a subordinate employee organization only in accordance with procedures set forth in the constitution or bylaws of the administering employee organization.
(C) Any administering employee organization that imposes a trusteeship over any subordinate employee organization shall file with the board, within ten days after the imposition of the trusteeship, a trusteeship report signed by the principal officer of the administering employee organization and the trustees of the subordinate employee organization. This report must state:
(1) The full name and address of the administering employee organization;
(2) The full name and address of the subordinate employee organization that is held in trust;
(3) The name and addresses of the principal officers of the subordinate employee organization who held office at the time the trusteeship was imposed;
(4) The names and addresses of the principal officers of the administering organization;
(5) The provision of the constitution or bylaws that specifically authorizes imposition of the trusteeship;
(6) A statement detailing the reasons for imposition of the trusteeship and any other relevant information;
(7) The date the trusteeship was established;
(8) The nature and extent to which members of the subordinate employee organization participate in government of both the subordinate employee organization and of the administering employee organization; and
(9) A complete account of the financial condition of the subordinate employee organization at the time the trusteeship was imposed.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.19
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-17-02 Reporting during maintenance of trusteeship.
(A) During the continuation of a trusteeship, the administering employee organization shall file on behalf of the subordinate organization the annual report required by section 4117.19 of the Revised Code, including the financial statement. Such report shall be signed by the president and treasurer or corresponding principal officers of the administering employee organization and by the trustees of the subordinate employee organization.
(B) During the continuance of a trusteeship, the administering employee organization shall file with the board semi-annual trusteeship reports commencing six months after the filing of the initial report. The report shall include all information required by paragraph (C) of rule 4117-17-01 of the Administrative Code, plus a statement explaining why the trusteeship is being continued.
(C) During the continuance of a trusteeship, the administering employee organization shall file with the board on behalf of the subordinate employee organization any change in the information set forth in the reports required by this rule or rule 4117-17-01 of the Administrative Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.19
Prior Effective Dates: 5/18/87.
4117-17-03 Termination of trusteeship.
Within ten days after the termination of a trusteeship, the administering employee organization shall file on behalf of the subordinate employee organization a final report including:
(A) The method of terminating the trusteeship, such as restoration of autonomy, dissolution, merger, or consolidation, and any other factors that resulted in the termination;
(B) The termination date;
(C) The full name and address of the administering employee organization;
(D) The full name and address of the subordinate organization formerly in trusteeship;
(E) The names and titles of all officers of the subordinate employee organization that was held in trust;
(F) The signatures of the principal officers of the administering employee organization;
(G) The signatures of the principal officers of the employee organization formerly in trusteeship; and
(H) The signatures of all trustees of the employee organization formerly in trusteeship.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: RC 4117.02, 4117.19
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.
4117-17-04 Investigation.
Upon request of any person, the board may investigate or hold a hearing regarding circumstances of imposition of a trusteeship over a subordinate employee organization. If the trusteeship does not meet the requirements of this chapter and the applicable constitution or bylaws, the board may order compliance or may dissolve the trust. Failure to comply with such an order may result in the imposition of penalties set forth in division (E) of section 4117.19 of the Revised Code.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.19
Prior Effective Dates: 5/18/87
Chapter 4117-25 Notice; Procedure
4117-25-01 Notice of meetings and hearings.
(A) The time and place of all regularly scheduled meetings or hearings of the board may be obtained by:
(1) Written request sent to the board office; or
(2) Telephoning the state employment relations board.
(B) In the event a special meeting is to be held, the board shall give at least twenty-four hours advance notice of time, place, and purpose of such meeting to the news media that have requested notification.
(C) In the event there is an emergency requiring immediate official action, the board shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.
(D) Any person may, upon request and payment of a reasonable fee, obtain reasonable advance notification of the time, place, and purpose of any special meeting and of all meetings at which any specific type of public business is to be discussed.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.22
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.
4117-25-02 Procedure for adoption of rules.
(A) A majority of the members of the board shall concur to adopt, amend, or rescind a rule. Any member of the board may record his or her opposition to a proposed rule or amendment in the resolution adopting such rule, rescission, or amendment.
(B) Prior to commencing the procedures of section 119.03 of the Revised Code for promulgating proposed rules, amendments, or rescissions, the board shall select statewide organizations representing public employers or employees who would be affected by the proposed rule amendment or rescission and provide to them copies of the proposals. The board will invite the organizations to submit written comments.
(C) The board shall file a copy of each proposed rule, amendment, or rescission with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review, as provided by section 119.03 of the Revised Code, at least thirty days prior to the public hearing pursuant to Chapter 119. of the Revised Code on the proposed rule, rescission, or amendment.
(D) Public notice shall be provided at least thirty calendar days prior to the date set for the public hearing pursuant to Chapter 119. of the Revised Code regarding adoption, amendment, or rescission of any rule.
(1) Notices shall be placed in newspapers of general circulation in the cities of Cincinnati, Cleveland, Columbus, and Toledo and shall run for three consecutive calendar days;
(2) Notices shall contain a statement of the board’s intention to adopt, amend, or rescind a rule; a synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time and place of the hearing;
(3) In all respects, adoption, amendment, or rescission of rules shall be governed by the provisions of section 119.03 of the Revised Code;
(4) The board shall send notices of the hearing to all individuals requesting such notification pursuant to division (K)(8) of section 4117.02 of the Revised Code.
(E) A copy of the proposed rule, amendment, or rule to be rescinded shall be provided to any person who requests it in writing and pays a reasonable fee, not to exceed the cost of copying and mailing.
R.C. 119.032 review dates: 06/29/2010 and 06/29/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: RC 4117.02
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.