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.