4117-5-05 Hearing on questions of representation.

(A) If the board determines that there is reasonable cause to believe that a question or questions of representation requiring a hearing exist, the board shall issue to the parties a notice of hearing. Immediately upon receipt, an employer shall post such notice in a conspicuous place where employees will be reasonably apprised of its contents. The notice shall remain posted until the hearing is concluded. The employer shall take reasonable steps to ensure that such notices are not altered, defaced or covered by other materials.

(B) The board, a board member, or an administrative law judge will conduct a hearing to determine whether a question of representation exists. In a written prehearing statement, each party shall state all issues to be raised at the hearing. Parties failing to submit a prehearing statement may be denied the opportunity to present evidence at the hearing.

(C) If the board finds upon the record of the hearing that a question of representation exists, it shall direct an election in accordance with section 4117.07 of the Revised Code and Chapter 4117-5 of the Administrative Code. If the board finds that a question of representation does not exist, it shall dismiss the petition and notify all parties.

(D) If the board determines from the investigation that there is a question of majority representation requiring an election and that there are no other disputed issues, the board may direct an election without a hearing.

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: 6-24-84; 5-26-84 (Emer.); 5-18-87; 10-19-87; 1-2-05.