Chapter 4117-11 Challenges to Rebate Procedure; Religious Exemption

(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.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05

Promulgated Under: 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.09, 4117.14, 4117.19

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009

(A) An employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion or religious body that has historically held conscientious objection to joining or financially supporting an employee organization and that is exempt from taxation under the provisions of the Internal Revenue Code, may apply to the board to be held exempt from joining or financially supporting any employee organization as a condition of employment. Such application shall include:

(1) The name of the employee;

(2) The name of the employee organization;

(3) The name and address of the employer;

(4) A statement of the reasons why the employee should be held exempt, including a copy of tenets with designation of applicable sections;

(5) The name of the religion or religious body of which the employee is a member, and length of time the employee has been a member;

(6) Proof of service upon an officer of the employee organization pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.

(B) Within ten days of service of the application, the employee organization may file with the board and serve upon the employee objections to the granting of a religious objection.

(C) The board may investigate or hold a hearing to determine whether the employee has proven an exemption. The board shall notify the parties of its determination.

(D) If the employee has proven an exemption, the board shall declare the employee exempt from becoming a member of or financially supporting the employee organization. The board shall thereupon require the employee, in lieu of the fair share fee, to pay an amount of money equal to such fair share fee to a nonreligious charitable fund exempt from taxation under section 501(c)(3) of the Internal Revenue Code, such charitable fund to be mutually agreed upon by the employee and the employee organization to which the employee would otherwise be required to pay the fair share fee. The board shall further require that the employee furnish to the employee organization written receipt evidencing payment to the agreed-upon charitable fund and failure to make such payment or furnish such receipt shall subject the employee to the same sanctions as would nonpayment of dues under the applicable collective bargaining agreement.

HISTORY: Eff 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05

Promulgated Under: 119.03

Statutory Authority: 4117.02(K)(8)

Rule Amplifies: 4117.02, 4117.09

R.C. 119.032 review dates: 10/18/2004 and 10/01/2009