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.