reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-12 - Rights of parties at hearings; standards for those who practice before the board

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-13 - Exceptions and briefs in support

Current through all regulations passed and filed through July 1, 2024
(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
			 to a recommended determination and briefs in
			 support 
								thereof shall be filed with the board within ten
			 days after service of the recommended determination. Exceptions to an inquiry are not permitted. Exceptions in
			 all other cases shall be filed with the board within ten days after service of
			 the recommendation.
(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:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84 (Emer), 6/24/84, 5/18/87, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-14 - Oral argument

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.05,
				 4117.06,
				 4117.07,
				 4117.09,
				 4117.12,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-15 - Determination by the board

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-16 - Withdrawal of pending actions

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.05,
				 4117.07,
				 4117.09,
				 4117.11,
				 4117.12,
				 4117.15,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-17 - Citations to authority

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.16,
				 4117.23
Prior
				Effective Dates: 5/18/87, 1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-18 - Open hearings; media access

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-1 - General Provisions › Section 4117-1-19 - Settlements; mediator testimonial privilege

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12,
				 4117.14,
				 4117.16,
				 4117.21
Prior
				Effective Dates: 7/1/96, 1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-3 - Voluntary Recognition › Section 4117-3-01 - Voluntary recognition requests

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-3 - Voluntary Recognition › Section 4117-3-02 - Objections to voluntary recognition requests; petitions in response

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-3 - Voluntary Recognition › Section 4117-3-03 - Substantial evidence for the purpose of voluntary recognition

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-01 - Petitions: who may file; purposes

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-02 - Contents of petitions

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-03 - Consent elections

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-04 - Investigation of petitions

Current through all regulations passed and filed through July 1, 2024
(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)
								
								Upon the filing of a
			 petition for representation or decertification election
			 , the board's agent shall notify the employer, in writing,
			 that within fourteen days, 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.
Effective:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-05 - Hearing or inquiry on questions of representation

Current through all regulations passed and filed through July 1, 2024
(A) If the board determines that there is
			 reasonable cause to believe that a question or questions of representation
			 requiring a hearing or inquiry exist, the board
			 shall issue to the parties a notice of hearing or
			 inquiry. 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,
			  an administrative law judge, or a board agent or designee will conduct a hearing
			 or inquiry 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.
Effective:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07
Prior
				Effective Dates: 3/26/84 (Emer), 6/24/84, 5/18/87, 10/19/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-06 - Notice of election; access to employees

Current through all regulations passed and filed through July 1, 2024
(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,
			  places 
									and manner in
			 which the election will be conducted;
(3) The date that will be utilized to
			 determine voter eligibility;
(4) A
			 sample ballot.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-07 - Election eligibility lists

Current through all regulations passed and filed through July 1, 2024
(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 or with
			 the consent of the parties, 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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-08 - Election procedure

Current through all regulations passed and filed through July 1, 2024
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. The
				employer shall provide to the board and serve upon each
				party to the election a list of all eligible voters with their home
				addresses in accordance with rule 4117-5-07 of  the Administrative Code and in the manner prescribed by the board or its agent.
(A) For elections by mail ballot,
			  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.
			 
								The polling
			 period shall be no less than fourteen days .
(1) Where more than one employee organization
			 is a party in the election, the incumbent employee
			 organization shall have first choice as to the position of the
			 
									incumbent's name on the ballot. For
			 
									non-incumbent employee 
									organization(s), choices as to ballot position shall
			 be made in the order in which the non-incumbent
			 employee 
									organization(s) 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
			 
									ballot(s) are sufficient in number to affect the
			 results of the election, the challenging party shall file with the board
			 post-election objections with affidavits and any
			 other 
									documentation in support of its challenge within ten
			 days 
									after service of the tally of ballots.
(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. 
									The ballot box shall remain in the secured location
			 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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-09 - Determining results of election

Current through all regulations passed and filed through July 1, 2024
(A) In
			 order to prevail in an election, a choice must receive more than fifty per cent
			 of the  total
			 number of valid ballots cast. 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. 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 
								be 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,
			 with one of the employee organizations being the incumbent, and where the
			 results of the runoff election are equally divided between the employee
			 organizations, the incumbent prevails.
Effective:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07
Prior
				Effective Dates: 3/26/84 (Emer), 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-10 - Post-election objections; determination of challenges

Current through all regulations passed and filed through July 1, 2024
(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 
								documentation, including but not limited to
			 affidavits, in support of the allegations in the objections. Objections without
			 supporting 
								documentation 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 
								a 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.
Effective:
				8/6/2015
Five Year
				Review (FYR) Dates: 05/20/2015 and
				07/27/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07
Prior
				Effective Dates: 3/26/84 (Emer), 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-5 - Petitions, Elections › Section 4117-5-11 - Certification of the results of the election

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.07
Prior
				Effective Dates: 3/26/84, 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-01 - Unfair labor practice charges

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-02 - Processing and investigation of unfair labor practice charges

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84, 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-03 - Unfair labor practice complaints

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-04 - Answers to unfair labor practice complaints

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-05 - Hearings on unfair labor practice complaints

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-06 - Compliance

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 3/26/84, 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-07 - Petitions for injunctive relief

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.11,
				 4117.12
Prior
				Effective Dates: 5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-7 - Unfair Labor Practice › Section 4117-7-08 - Appeals to court

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.13
Prior
				Effective Dates: 5/18/87