This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4117-1-01 | Applicability and powers.
Promulgated Under:
Ch 119.
(A) The rules set forth in this chapter shall apply to all proceedings before the board unless otherwise specifically provided in the context of an individual rule. (B) The board may issue such orders and take such other action not specifically provided for in these rules as may be necessary to accomplish the purpose of promoting orderly and constructive relationships between all public employers and their employees to the extent not contrary to Chapter 4117. of the Revised Code or Chapters 4117-1 to 4117-25 of the Administrative Code.
Last updated October 26, 2023 at 2:09 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 4117-1-02 | Filing and copies; service.
Effective:
October 25, 2010
(A) Definitions: (1) Electronic filing-the electronic transmission of information to a designated email address of the state employment relations board for case processing. (2) Time of filing-an electronic document is filed when it is received by the designated email address of the state employment relations board on or before five p.m. on a business day; electronic filings received by the designated email address of the board after five p.m. on a business day or on a Saturday, Sunday, legal holiday shall be considered filed on the next business day. (3) Service-the delivery of a writ, summons, complaint, or other notice or order by an authorized server upon another, provides official notification that a legal action or proceeding against a party has been commenced or filed. (4) Electronic mail-messages sent and received through an electronic service system utilizing the public internet. (5) Filer-person who filed an electronic document. (B) Under this chapter all documents shall be filed electronically in a read-only format except for: (1) Unfair labor practice charges; (2) Requests for recognition with showing of interest; (3) Petitions for representation election with showing of interest; and (4) Petitions for decertification election with showing of interest. Paper documents shall include an original plus one copy. No paper copies shall be filed with documents filed electronically. Parties may electronically serve a document on other parties of record. Electronic service made after five p.m. on a business day or on a Saturday, Sunday, or legal holiday shall be considered complete on the next business day. The proof of service of a document served by electronic filing shall state the email address of the person to whom the document was transmitted and both the date and time of the transmission; otherwise, all documents not served electronically shall include proof of service to the other parties to the proceeding or their representatives. Proof of service shall be signed and shall include the address to which the document is delivered, the manner of delivery, and the date of mailing or, if service is not by mail, the date of actual delivery or an acknowledgment of receipt signed by the recipient. Service may be made by mail or by personal service including hand delivery or by leaving a copy at the principal office or personal residence of the party or representative required to be served. Service by mail shall be deemed complete upon mailing. Such documents shall not be accepted for filing unless they contain proof of service signed by the party or the party's representative. Documents for which confidentiality is requested pursuant to paragraph (G) of this rule need not contain proof of service. (C) Every document to be filed with the state employment relations board shall be transmitted in format and manner that can be read and downloaded by electronic equipment then in use by the board. All documents filed with the board shall be formatted as follows: double spaced on eight-and-one-half-inch by eleven-inch paper with one-inch margins, in type face no smaller than eleven points, and no more than fifteen pages in length unless prior authorization is received from the board, board member, administrative law judge, executive director, or the office of the general counsel. All documents filed with the board shall have numbered pages, and shall contain the caption of the case, the case number, and a title including the name of the party on whose behalf the document was filed. All case captions shall be submitted in the following format: four-digit year, dash, three-letter case-type designation, dash, two-digit month, dash, four-digit sequential case number assigned by the board. Documents filed with the board concerning a case assigned to a board member or administrative law judge shall state the name of the board member or administrative law judge in the caption. (D) All electronic filings shall contain an electronic signature or an /s/ notation followed by the name of the filer, mailing address, telephone number, and email address. Parties shall update any change of their contact information promptly. (E) The state employment relations board has discretion to waive technical defects in any document filed with the board if no undue prejudice would result. (F) Any party who lacks the technological capability to comply with this rule must file a written motion for relief from the electronic-filing requirements at the time the party makes its initial appearance in a matter; within said motion, a party shall show good cause why it is not feasible to file electronically. (G) An individual submitting information may request in writing that affidavits or other investigatory materials be kept confidential. Documents for which confidentiality is requested shall be filed with a written request that confidentiality be maintained. Documents submitted pursuant to a state employment relations board agent's request in the course of an investigation and for which confidentiality is promised shall automatically be kept confidential. Substantial evidence and showings of interest submitted in accordance with rules 4117-3-03 and 4117-5-02 of the Administrative Code will automatically be kept confidential.
Last updated October 26, 2023 at 2:09 PM
|
Rule 4117-1-03 | Computation of time.
Effective:
October 25, 2010
(A) In computing any time period prescribed by or allowed by Chapter 4117. of the Revised Code and Chapters 4117-1 to 4117-25 of the Administrative Code, or by order or directive of the board or individual conducting a proceeding, such period shall begin to run on the day following the day of the act, event, or occurrence. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, legal holiday, or a day or part of a day on which the board office in Columbus is closed, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, legal holiday, or a day or part of a day on which the board office in Columbus is closed. (B) When a document is served upon a party by United States mail and that party has the right or is required to do some act or take some proceeding within a prescribed period after service of a document, three days shall be added to the time prescribed for doing such act or taking such proceeding. This provision does not apply to the calculation of time for acceptance or rejection of fact-finding recommendations pursuant to rule 4117-9-05 of the Administrative Code.
Last updated October 26, 2023 at 2:10 PM
|
Rule 4117-1-04 | Motions.
Effective:
October 25, 2010
(A) Motions shall be submitted via electronic mail, except for motions made at a hearing, and shall briefly describe the order, ruling, or action sought, setting forth with particularity the grounds. (B) Responses to motions shall conform to the requirements of paragraph (A) of this rule. Responses shall be filed within ten days of service of the motion, which time may be altered by the board, board member, or administrative law judge. (C) Rulings on motions filed with the board shall be issued via electronic mail to each of the parties. The board, board member, or administrative law judge may orally rule on the record on a motion at the hearing but shall issue a ruling in writing if such ruling is made after the hearing. (D) Motions, rulings, orders, and directives shall become a part of the record. Rulings by a board member or administrative law judge on motions or objections shall not be appealed directly to the board but shall be considered by the board in reviewing the record only if raised in the exceptions to the proposed order or recommended determination, except as provided in paragraph (B) of rule 4117-1-11 of the Administrative Code. (E) Motions for reconsideration may be filed with the board no later than thirty days after the issuance of the board's final ruling. These motions must contain a clear and concise statement of the reasons why the board should reconsider its previous decision. (F) Motions shall not be accepted for filing with the board unless they contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
Last updated October 26, 2023 at 2:10 PM
|
Rule 4117-1-05 | Continuances and extensions of time.
Effective:
August 6, 2015
(A) Except as otherwise provided in Chapter 4117. of the Revised Code, the board, board member, or administrative law judge may, upon its own motion or upon the motion of any party, continue the hearing, extend the time to file any document, or change the place at which the hearing is to be held and shall so notify the parties, provided that this provision shall not apply to hearings conducted pursuant to divisions (C) and (G) of section 4117.14 of the Revised Code. The executive director or the office of the general counsel may rule on extensions of time to file exceptions to a proposed order or recommended determination, cross-exceptions, or responses to exceptions, or any non-dispositive motions in cases pending before the board. (B) Before a party files a motion for an extension of time to file any document or for a continuance of a hearing, the moving party shall consult all other parties to determine whether they have any objection to the motion. If no objections are raised, the moving party shall state that the other parties have been consulted and that they authorize the moving party to represent that they have no objection to the motion. Compliance with this rule does not supplant the service requirement of rules 4117-1-02 and 4117-1-04 of the Administrative Code.
Last updated October 26, 2023 at 2:10 PM
|
Rule 4117-1-06 | Appearances.
Effective:
October 25, 2010
(A) An attorney or representative for any party to a proceeding who has filed an initial pleading or notice of appearance for that party shall remain the attorney or representative of record and shall receive correspondence and service unless or until a motion to withdraw or a new notice of appearance has been filed with the board and served on all parties by a successor attorney or representative. (B) A separate notice of appearance must be filed via electronic mail for each separate action. An attorney or representative shall update any change of contact information promptly. (C) All board communications regarding a pending case will be sent via electronic mail to the representative named on the most recent notice of appearance in the particular case.
Last updated October 26, 2023 at 2:10 PM
|
Rule 4117-1-07 | Intervention.
Effective:
October 25, 2010
(A) Any person having a significant interest in a proceeding may file with the board a motion to intervene. The board, board member, or administrative law judge may by directive permit intervention to such extent and upon such terms as may be deemed proper. A motion to intervene may be made before or at the time of hearing, except as provided in paragraphs (B) and (C) of this rule. (B) Intervention by an employee organization in a representation or decertification election must be filed in writing and supported by evidence that at least ten per cent of the employees in the unit wish to be represented by the intervenor. Evidence shall conform to the requirements of paragraph (A)(6) of rule 4117-5-02 of the Administrative Code. Such intervention will be permitted only if the motion to intervene is filed by the date specified by the board in its official "Notice to Employees." (C) When a petition for representation election has been filed by a rival employee organization pursuant to paragraph (C) of rule 4117-5-01 of the Administrative Code, or when a petition for decertification election has been filed pursuant to paragraph (D) of rule 4117-5-01 of the Administrative Code, an incumbent exclusive representative will be treated as a party unless the incumbent disclaims interest in the unit.
Last updated October 26, 2023 at 2:10 PM
|
Rule 4117-1-08 | Notice of hearing; consolidation.
Effective:
August 6, 2015
(A) Whenever a hearing is to be conducted, the board shall issue and serve upon all parties a notification specifying the date, time, and place of the hearing. If the hearing is not conducted by the board, the notification shall include the name of the board member, administrative law judge, or other designated agent who shall conduct the hearing. Such notification shall be served upon all parties at least ten days prior to the scheduled hearing, except in the case of hearings conducted pursuant to division (B) of section 4117.12 of the Revised Code. (B) A party contending that the administrative law judge or other agent designated to conduct a hearing is biased or partial in the proceeding may raise an objection by filing with the board a sworn statement setting forth the facts relevant to the objection. Such statement must be filed with the board prior to five days before the hearing. The board in its discretion may disqualify the administrative law judge or agent and designate another administrative law judge or agent to conduct the hearing. (C) Upon direction of the board separate cases involving the same facts, same or similar issues of law, or the same or related parties may be consolidated. Any party may file a written objection to the consolidation within ten days of service of the notice of consolidation. Unless otherwise specified by the board, all filings relating to any of the consolidated cases shall list all case numbers.
Last updated October 26, 2023 at 2:10 PM
|
Rule 4117-1-09 | Subpoenas; witness fees.
Effective:
October 25, 2010
(A) Upon application of any party, a board member, or the administrative law judge assigned to conduct a hearing or the board may issue subpoenas requiring attendance and testimony of witnesses and the production of any evidence, including, but not limited to, books, records, correspondence, or documents in their possession or under their control. Application for subpoenas may be made ex parte. The subpoena shall show on its face the name and address of the witness whose appearance is requested, the time, date, and place of hearing, and the name and address of the party at whose request it was issued, and the proceeding involved. A subpoena duces tecum shall describe with particularity the documents sought to be produced. Any person served with a subpoena who opposes compliance with it may file promptly, but in no event later than the time specified for compliance, a motion to quash the subpoena. The board may also issue subpoenas upon its own motion. The person requesting a subpoena is responsible for service of that subpoena and shall complete an affidavit of service and file it with the board via electronic mail. (B) Upon the failure of any person to comply with a subpoena issued by the board, a board member, or an administrative law judge, the board may institute proceedings in the appropriate court of common pleas for an order enforcing said subpoena. (C) Witnesses subpoenaed to appear before the board, a board member, or an administrative law judge shall be paid the same fees and mileage that are paid witnesses in the courts of Ohio, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of Ohio pursuant to section 2335.06 of the Revised Code. (D) Public employees shall be paid witness fees only if subpoenaed to appear at a hearing that they attend during time other than regularly scheduled workhours. Public employees shall be paid by their employer for time they are absent from their work to attend hearings, including board-directed mediations, provided the public employee was subpoenaed or was a party. No employee shall be required to take leave in lieu of pay for attendance. Mileage shall be paid only to persons incurring unreimbursed travel expenses to attend a hearing. Neither parking costs nor food and lodging are reimbursable by the board. Witness fees and mileage shall be taxed as costs to the party requesting the subpoenas. (E) Mileage and witness fees shall not be paid to any witness who fails to register at the hearing for which the witness was subpoenaed. (F) Parties may not subpoena themselves. (G) In the case of fact-finding or conciliation hearings, the board will issue a subpoena only upon the request of the fact-finder, fact-finding panel, or the conciliator.
Last updated October 26, 2023 at 2:11 PM
|
Rule 4117-1-10 | Depositions and discovery.
Effective:
January 2, 2005
(A) Upon application and for good cause shown, to preserve testimony in a pending case, the board, a board member, or an administrative law judge assigned to conduct the hearing may direct that the testimony of any person, including a party, be taken by deposition. (B) At hearings other than fact-finding or conciliation hearings, discovery may be permitted by deposition or interrogatory only at the discretion of the board or board member or administrative law judge assigned to hear the case. Timelines will be established by the board, board member, or administrative law judge.
Last updated October 26, 2023 at 2:11 PM
|
Rule 4117-1-11 | Powers of individuals conducting hearings or inquiries.
Effective:
August 6, 2015
(A) Individuals conducting hearings or inquiries other than fact-finding or conciliation hearings shall have the authority to take the following actions: (1) To administer oaths and affirmations; (2) To receive relevant evidence and exclude irrelevant, immaterial, or unduly repetitious evidence; (3) To question witnesses; (4) To cause depositions to be taken and to regulate the scope and course of discovery; (5) To regulate the time, place, and course of the hearing or inquiry; (6) To dispose of procedural requests or other similar matters; (7) To hold conferences with the parties at any time for the settlement, simplification, or adjustment of the issues; (8) To subpoena witnesses and the production of books, papers, documents, or other evidence; (9) To exclude any person for improper conduct; and (10) To take any other action necessary and authorized under Chapter 4117. of the Revised Code or Chapters 4117-1 to 4117-25 of the Administrative Code. (B) No party may take an interlocutory appeal from any ruling issued by an administrative law judge or a board agent or designee under this rule or any oral ruling issued by an administrative law judge or a board agent or designee during a public hearing, prehearing conference, or inquiry unless the appeal presents a new or novel question of interpretation, law, or policy, or is taken from a ruling that represents a departure from past precedent or board practice, and an immediate determination by the board is needed to prevent the likelihood of undue prejudice or expense to one or more of the parties, should the board ultimately reverse the ruling in question. (C) For fact-finding and conciliation hearings, paragraph (H) of rule 4117-9-05 and paragraph (F) of rule 4117-9-06 of the Administrative Code apply.
Last updated October 26, 2023 at 2:11 PM
|
Rule 4117-1-12 | Rights of parties at hearings; standards for those who practice before the board.
Effective:
October 25, 2010
Any party shall have the right to appear in person, by counsel, or by any other representative who is knowledgeable about Chapter 4117. of the Revised Code and the rules of the board, to present his or her case orally or by other permissible evidence, and to conduct such examination as may be required for a full and true disclosure of the facts. The board or agents thereof may expressly authorize on the record all parties to submit briefs or proposed decisions, directives, or orders to the board, board member, or administrative law judge. Such briefs or proposed decisions, directives, or orders shall be filed within ten days from the close of the hearing or at such other time designated by the board or board member or administrative law judge assigned to hear the case.
Last updated October 26, 2023 at 2:11 PM
|
Rule 4117-1-13 | Exceptions and briefs in support.
Effective:
August 6, 2015
(A) Exceptions to a proposed order pursuant to section 4117.12 of the Revised Code in unfair labor practice cases and briefs in support thereof shall be filed with the board within twenty days after service of the proposed order. Exceptions to a recommended determination and briefs in support thereof shall be filed with the board within ten days after service of the recommended determination. Exceptions to an inquiry are not permitted. Exceptions in all other cases shall be filed with the board within ten days after service of the recommendation. (B) Where exceptions have been filed, any other party may file a response and/or cross-exceptions within ten days after service of the exceptions. Within ten days after service of cross-exceptions, a party may file a response to the cross-exceptions, but such response must be limited to only new issues raised in the cross-exceptions. No other responses may be filed, unless allowed by the board. (C) Exceptions to a proposed order or recommended determination shall contain, in addition to the requirements of rule 4117-1-02 of the Administrative Code, a brief statement of each issue with which the party takes exception, the reason for the exception, and a statement of the precise relief sought. All exceptions shall be filed in a read-only document.
Last updated October 26, 2023 at 2:11 PM
|
Rule 4117-1-14 | Oral argument.
Promulgated Under:
Ch 119.
The board may require oral argument in any cause even though the same was not requested, may limit the time thereof, or may dispense with oral argument even though application for oral argument has been made.
Last updated October 26, 2023 at 2:12 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 4117-1-15 | Determination by the board.
Effective:
January 2, 2005
(A) After the proposed order or recommended determination of a board member or an administrative law judge is issued to the parties and their representatives and following expiration of the time period for filing exceptions and responses, the board shall consider the record and issue an appropriate order, a written decision, or directive resolving the issues before the board. The decision, order, or directive of the board shall be served upon the parties or their representative of record. (B) Board approval of a proposed order or recommended determination does not constitute adoption of the reasoning set forth in that proposed order or recommended determination unless the reasoning is expressly adopted by the board and the findings of fact, analysis and discussion, and conclusions of law are incorporated by reference in the board order or directive.
Last updated October 26, 2023 at 2:12 PM
|
Rule 4117-1-16 | Withdrawal of pending actions.
Promulgated Under:
Ch 119.
A party wishing to withdraw any action pending before the board must file a motion to withdraw. The motion must be served upon all other parties and must contain proof of service pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code.
Last updated October 26, 2023 at 2:12 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
6/24/1984
|
Rule 4117-1-17 | Citations to authority.
Effective:
January 2, 2005
(A) References to board opinions, orders, and other rulings shall cite the case by name with the official reporter opinion number and date or, if the matter has not been officially reported, the full case name, case number(s), and the date on which the cited ruling was issued. (B) Proposed orders and recommended determinations shall not be cited as authority for any principle unless the analysis and discussion of the board member or administrative law judge has been expressly adopted by the board in accordance with rule 4117-1-15 of the Administrative Code.
Last updated October 26, 2023 at 2:12 PM
|
Rule 4117-1-18 | Open hearings; media access.
Effective:
January 2, 2005
(A) The board, by unanimous agreement, or the presiding board member or administrative law judge may permit the broadcasting or recording by electronic means and the taking of photographs in hearings or meetings open to the public pursuant to section 121.22 of the Revised Code if such recording or broadcasting, in the determination of the board or presiding board member or administrative law judge, will not distract participants, impair the dignity of the proceedings, disrupt the proceedings, or otherwise interfere with the achievement of a fair and efficient hearing or meeting. (B) Electronic broadcasting or recording of the proceedings will be permitted subject to such conditions as the board or presiding board member or administrative law judge may impose in consideration of the factors set forth in paragraph (A) of this rule. (C) The board or presiding board member or administrative law judge will not permit the filming, videotaping, recording, or taking of photographs of witnesses who object to being filmed, videotaped, recorded, or photographed. This provision does not apply to: (1) the recording of testimony made under the board's control for the preparation of an appropriate record of the proceedings, or (2) recordings made in the course of depositions taken pursuant to rule 4117-1-10 of the Administrative Code.
Last updated October 26, 2023 at 2:12 PM
|
Rule 4117-1-19 | Settlements; mediator testimonial privilege.
Effective:
January 2, 2005
(A) The board shall assign an individual to conduct mediation in an attempt to settle disputes of the parties pending before the board upon the request of the parties or at its direction for the purpose of promoting orderly and constructive relationships between public employers, public employees, and employee organizations. (B) The mediator's testimony may not be compelled and shall not be admissible with regard to any matter subject to the board's jurisdiction. (C) Offers of settlement and evidence of conduct or statements made in the course of settlement negotiations to resolve disputes before the board are not admissible in later board proceedings. However, otherwise discoverable evidence will not be excluded merely because it was also presented in the course of settlement.
Last updated October 26, 2023 at 2:12 PM
|
