Ohio Administrative Code Search

...(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...

...(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, lega...

...(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 admi...

...(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 (...

...(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...

...(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 inquir...

...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.

...(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 ...

...(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 ...

...(A) Requests for recognition by an employee organization pursuant to section 4117.05 of the Revised Code shall be filed with the board and served upon the employer. Requests for recognition 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. The request for recognition shall contain: (1) The name, address, and a...

...(A) Any objections to a request for recognition shall be filed with the board and served upon the parties not later than the twenty-first day following the employer's receipt of the request for recognition. (B) On the twenty-second day following the employer's receipt of the request for recognition, the board shall certify as the exclusive representative the employee organization filing the request for recognition u...

...(A) For the purposes of division (A)(2), (A)(2)(b)(ii), and (A)(2)(b)(iii) of section 4117.05 of the Revised Code, and rules 4117-3-01 and 4117-3-02 of the Administrative Code, "substantial evidence" shall consist of the following documentation that shall be filed only with the board: (1) Original signed statements, with each signature dated not more than one year prior to the date of filing, including but not limit...

...(A) A petition for election of an exclusive representative may be filed by an employee or group of employees or by any individual or employee organization acting in their behalf or by an employer who has been presented with a request for recognition. (B) A petition supported by a showing of interest by at least thirty per cent of the employees in the unit stating a desire for representation by the employee organizat...

...(A) A petition for a representation election, when filed by an employee or group of employees or an individual or employee organization acting in their behalf, shall contain: (1) The name, address, and affiliation, if any, of the petitioner, and the name, address, and telephone number of its principal representative; (2) The name, address and county of the employer; (3) A description of the bargaining unit propose...

...(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 fi...

...The board or its agent shall conduct all representation elections. All elections shall be by secret ballot cast and, at the board's discretion, shall be conducted by mail or electronically or in person. Proxy ballots shall not be allowed. Upon the filing of a petition and a sufficient showing of interest, the board or its agent will schedule a pre-election conference. The employer shall provide to the board and ser...

...(A) Within ten days after service of the tally of ballots, any party may file with the board objections relating to the conduct of the election or conduct affecting the results of the election. Such objections shall contain a brief statement of the reasons therefor and shall be accompanied by documentation, including but not limited to affidavits, in support of the allegations in the objections. Objections without s...

...(A) After resolution of challenges and objections, unless another election is to be held, the board shall issue to the parties a certification in accordance with the results of the election. (B) The board may also certify an employee organization as an exclusive representative if it determines that a free and untrammeled election cannot be conducted because of the employer's unfair labor practices and that at one ti...

...(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 ...

...(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 n...

...(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 d...

...(A) Any public employer or exclusive representative desiring to terminate, modify, or reopen an existing collective bargaining agreement or negotiate a successor collective bargaining agreement shall, not less than sixty days prior to the expiration date of the existing collective bargaining agreement, or, if there is no relevant expiration date, not less than sixty days prior to the time of the proposed effective da...

...(A) The parties may, at any time, agree to submit any or all issues in dispute to any mutually agreed-upon dispute settlement procedure authorized by section 4117.14 of the Revised Code, which procedure shall supersede the procedures set forth in rules 4117-9-04, 4117-9-05, and 4117-9-06 of the Administrative Code, and in divisions (C)(2) to (C)(6), (D), and (G) of section 4117.14 of the Revised Code. (B) A mutually...

...When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be conducted in accordance with these terms: (A) Subsequent to receipt of a request via electronic mail from either party for fact-finding and to the appointment of a mediator, the board shall send to the parties a list of five fact finders from the board's roster of neutrals. Other than a joi...

...When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, fact-finding shall be conducted in accordance with these terms: (A) Subsequent to receipt of a request via electronic mail from either party for fact-finding and to the appointment of a mediator, the board shall send to the parties a list of five fact finders from the board's roster of neutrals. ...