4117-5-04 Investigation of petitions.

(A) Subsequent to the filing of a petition for a representation or decertification election, the board shall conduct an investigation to determine if there is reasonable cause to believe that a question of representation exists. If the board determines that there is not reasonable cause to believe that a question of representation exists, it shall dismiss the petition and notify all parties.

(B) Subsequent to the filing of a petition for clarification or amendment, the board shall conduct an investigation to determine whether there is evidence to support the petition. After investigation or hearing, the board may order clarification or amendment, as the case may be, or may dismiss the petition. The board shall notify all parties of the disposition of the petition.

(C) Ten days after the service of a petition for representation or decertification election on the employer, the employer must file with the board and serve upon the other parties an alphabetized, numbered payroll list of all employees employed in the proposed unit as of the pay period ending just prior to the filing of the petition. With the list, the employer must provide proof of service upon the other parties pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. The board may require an employer to provide such other information as it deems necessary to conduct a thorough investigation pursuant to division (A) of section 4117.07 of the Revised Code and to this rule.

(D) Subsequent to the filing of a petition for representation or decertification election, the employer shall post a board-provided notice notifying employees that a petition has been filed and setting forth the rights of employees under Chapter 4117. of the Revised Code. Such notice shall be placed in conspicuous locations where employees will be reasonably apprised of the contents. The employer shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by other material. Immediately upon posting the notice, the employer shall submit to the board a certification of posting verifying the date and places of posting together with a copy of the notice.

(E) Intervention for the purpose of this rule shall be in accordance with paragraph (B) of rule 4117-1-07 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 , 4117.07
Prior Effective Dates: 5/26/84 (Emer.), 6/24/84, 5/18/87.