Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-05 - Fact-finding

Current through all regulations passed and filed through July 1, 2024
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 roster of 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 do not select a fact-finder or 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, or the parties may select a fact finder
			 not listed on the board's roster of neutrals. The parties selection of a fact
			 finder not listed on the board's roster of neutrals does not constitute a
			 mutually agreed-upon dispute settlement procedure under rule 4117-9-03 of  the Administrative Code unless the parties have complied with the requirements set forth in rule 4117-9-03 of  the Administrative Code.
(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.