Chapter 4117-7 Unfair Labor Practice

4117-7-01 Unfair labor practice charges.

(A) A charge that an unfair labor practice has been or is being committed may be filed by any person with standing. To have standing, the charging party must possess a direct interest, relevant knowledge of the alleged harm, and a right to be protected. Such charge shall be filed with the board within ninety days after the alleged unfair labor practice was committed. If the charging party is prevented from filing a charge by reason of service in the armed forces, the charge shall be filed no later than ninety days after the day of his or her discharge.

(B) A charge that an unfair labor practice has been or is being committed shall be in writing and signed by the charging party or the charging party's representative and shall contain the following:

(1) The name, affiliation, if any, address, and county of the charging party and the title, name, and address of any representative filing the charge;

(2) The name, affiliation, if any, address, and county of the charged party;

(3) A clear and concise statement of the facts constituting the alleged unfair labor practice;

(4) A brief statement of any other information relevant to the charge; and

(5) Proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. An unfair labor practice charge without proof of service shall not be accepted for filing.

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 , 4117.11 , 4117.12
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.

4117-7-02 Processing and investigation of unfair labor practice charges.

(A) Investigation of charges shall be limited to the facts and issues raised in the charge and any facts or issues reasonably related to the charge. If the board determines that it has probable cause for believing that an unfair labor practice has been or is being committed, it shall direct issuance of a complaint and cause the complaint to be served upon the charged party.

(B) If the board determines that it does not have probable cause to believe that an unfair labor practice has been or is being committed, it shall not issue a complaint, shall dismiss the charge, and shall so notify the parties.

(C) To withdraw a charge, the charging party shall file with the board a motion to withdraw, which shall include a proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.

(D) Upon a written request from a SERB investigator, a party shall be required to submit information within specified timelines established by the investigator.

(E) Failure to respond to a SERB investigator's written request for information within the period of time specified by the investigator or failure to cooperate in the investigative process may result in a decision pursuant to division (B) of section 4117.12 of the Revised Code that is adverse to the party failing to respond or cooperate.

(F) Confidentiality of information provided in the course of an investigation may be requested in accordance with paragraph (G) of rule 4117-1-02 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 , 4117.11 , 4117.12
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87.

4117-7-03 Unfair labor practice complaints.

A finding by the board that there is probable cause to believe that section 4117.11 of the Revised Code has been violated shall result in the issuance of a complaint in which the board shall be the complainant and the charged party or parties shall be the respondent(s). A complaint that an unfair labor practice has been or is being committed shall contain:

(A) A clear and concise description of the acts that are claimed to constitute unfair labor practices, including the approximate dates, times, and places of such acts and the names of the persons by whom committed; and

(B) A notice of hearing stating the place, time, and date of the hearing and, if the board is not hearing the case, the name of the board member or administrative law judge assigned to the case. The hearing will be scheduled to take place within ten days after service of the complaint, in accordance with division (B) of section 4117.12 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: RC 4117.02 , 4117.11 , 4117.12
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.

4117-7-04 Answers to unfair labor practice complaints.

(A) A respondent's answer to an unfair labor practice complaint shall be filed via electronic mail within ten days from receipt of the complaint or amendment to the complaint but in no event later than the commencement of the hearing ,whichever is earlier. Such answer shall include a specific admission, denial, or explanation of each allegation of the complaint. If the respondent is without knowledge of an allegation, he or she shall so state in which case such statement shall operate as a denial. Admissions or denials may be made to all or part of a particular allegation. Any allegation not specifically denied is deemed admitted. When a respondent denies an allegation of fact in the complaint, the answer shall state with specificity the basis for the denial. The answer shall include a specific statement of any affirmative defense. Failure to state an affirmative defense in the answer shall constitute a waiver of such affirmative defense, except the defenses of failure to state a cause of action, unconstitutionality of the statute, or lack of subject matter jurisdiction, which defenses may be raised at any time.

(B) If a respondent fails to file a timely answer to the complaint, such failure shall be deemed to constitute an admission of the allegations contained in the complaint.

(C) The filing of a motion to dismiss shall not toll the time for filing an answer.

Effective: 10/25/2010
R.C. 119.032 review dates: 07/21/2010 and 10/25/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02 , 4117.11 , 4117.12
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87

4117-7-05 Hearings on unfair labor practice complaints.

(A) In conducting hearings under section 4117.12 of the Revised Code, the board, a board member, or an administrative law judge assigned to hear the case shall not be bound by the rules of evidence prevailing in the courts but may take into account all reliable evidence tending to prove the existence or nonexistence of an unfair labor practice.

(B) If upon the preponderance of the evidence taken, the board finds that a respondent has committed an unfair labor practice, the board shall state its findings of fact and issue and cause to be served on the respondent an order requiring the respondent to cease and desist from these unfair labor practices, and take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of Chapter 4117. of the Revised Code. If the board fails to find by a preponderance of the evidence taken that the respondent named in the complaint has committed an unfair labor practice, it shall state its findings of fact and issue an order dismissing the complaint.

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 , 4117.11 , 4117.12
Prior Effective Dates: 3-26-84 (Emer.); 6-24-84; 5-18-87; 1-2-05.

4117-7-06 Compliance.

(A) A party against whom an order has been issued to make periodic reports showing the extent to which there has been compliance with the order shall file with the board and serve upon the charging party a written report, with supporting documents, of its compliance with the board order or settlement agreement. The report shall contain such information and shall be given at such times as the board in its discretion determines is necessary to ascertain whether there is compliance with the order.

(B) Any person or party may inform the board of alleged failure to comply with a board order. A claim of noncompliance may be made in writing to the board. Wherever possible, information and documents to support the claim of noncompliance shall be filed with the claim of noncompliance. If the board determines that there is reasonable cause to believe that there is noncompliance it shall investigate, may take appropriate action and may seek court enforcement.

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 , 4117.11 , 4117.12
Prior Effective Dates: 3/26/84 (Emer.), 6/24/84, 5/18/87.

4117-7-07 Petitions for injunctive relief.

Contingent upon a finding of probable cause, a charging party may file with the board a motion requesting that the board seek injunctive relief from the appropriate court pursuant to division (C) of section 4117.12 of the Revised Code. The motion should state the reasons why substantial and irreparable harm will result if temporary relief is not granted. The board, in its discretion, will determine whether to seek injunctive relief.

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 , 4117.11 , 4117.12
Prior Effective Dates: 5/18/87.

4117-7-08 Appeals to court.

Pursuant to division (D) of section 4117.13 of the Revised Code, an appeal of a board order in an unfair labor practice case may be filed in the court of common pleas of any county where the unfair labor practice in question was alleged to have been engaged in or where the person resides or transacts business. A notice of such appeal must be filed with the court and the board within fifteen days of mailing of the order.

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 , 4117.13
Prior Effective Dates: 5/18/87.