Chapter 4117-17 Trusteeships

4117-17-01 Establishment of trusteeships; reporting.

(A) "Trusteeship" as used in this chapter, means any receivership, trusteeship, or other method of supervision or control used by an employee organization to suspend the autonomy otherwise available to a subordinate employee organization.

(B) An employee organization may establish and administer a trusteeship over a subordinate employee organization only in accordance with procedures set forth in the constitution or bylaws of the administering employee organization.

(C) Any administering employee organization that imposes a trusteeship over any subordinate employee organization shall file with the board, within ten days after the imposition of the trusteeship, a trusteeship report signed by the principal officer of the administering employee organization and the trustees of the subordinate employee organization. This report must state:

(1) The full name and address of the administering employee organization;

(2) The full name and address of the subordinate employee organization that is held in trust;

(3) The name and addresses of the principal officers of the subordinate employee organization who held office at the time the trusteeship was imposed;

(4) The names and addresses of the principal officers of the administering organization;

(5) The provision of the constitution or bylaws that specifically authorizes imposition of the trusteeship;

(6) A statement detailing the reasons for imposition of the trusteeship and any other relevant information;

(7) The date the trusteeship was established;

(8) The nature and extent to which members of the subordinate employee organization participate in government of both the subordinate employee organization and of the administering employee organization; and

(9) A complete account of the financial condition of the subordinate employee organization at the time the trusteeship was imposed.

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 , 4117.19
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.

4117-17-02 Reporting during maintenance of trusteeship.

(A) During the continuation of a trusteeship, the administering employee organization shall file on behalf of the subordinate organization the annual report required by section 4117.19 of the Revised Code, including the financial statement. Such report shall be signed by the president and treasurer or corresponding principal officers of the administering employee organization and by the trustees of the subordinate employee organization.

(B) During the continuance of a trusteeship, the administering employee organization shall file with the board semi-annual trusteeship reports commencing six months after the filing of the initial report. The report shall include all information required by paragraph (C) of rule 4117-17-01 of the Administrative Code, plus a statement explaining why the trusteeship is being continued.

(C) During the continuance of a trusteeship, the administering employee organization shall file with the board on behalf of the subordinate employee organization any change in the information set forth in the reports required by this rule or rule 4117-17-01 of the Administrative Code.

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 , 4117.19
Prior Effective Dates: 5/18/87.

4117-17-03 Termination of trusteeship.

Within ten days after the termination of a trusteeship, the administering employee organization shall file on behalf of the subordinate employee organization a final report including:

(A) The method of terminating the trusteeship, such as restoration of autonomy, dissolution, merger, or consolidation, and any other factors that resulted in the termination;

(B) The termination date;

(C) The full name and address of the administering employee organization;

(D) The full name and address of the subordinate organization formerly in trusteeship;

(E) The names and titles of all officers of the subordinate employee organization that was held in trust;

(F) The signatures of the principal officers of the administering employee organization;

(G) The signatures of the principal officers of the employee organization formerly in trusteeship; and

(H) The signatures of all trustees of the employee organization formerly in trusteeship.

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: RC 4117.02 , 4117.19
Prior Effective Dates: 6-24-84; 5-26-84 (Emer.); 5-18-87; 1-2-05.

4117-17-04 Investigation.

Upon request of any person, the board may investigate or hold a hearing regarding circumstances of imposition of a trusteeship over a subordinate employee organization. If the trusteeship does not meet the requirements of this chapter and the applicable constitution or bylaws, the board may order compliance or may dissolve the trust. Failure to comply with such an order may result in the imposition of penalties set forth in division (E) of section 4117.19 of the Revised Code.

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 , 4117.19
Prior Effective Dates: 5/18/87