(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.
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