Ohio Administrative Code Search
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Rule 4117-1-18 | Open hearings; media access.
...(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 ... |
Rule 4117-3-01 | Voluntary recognition requests.
...(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... |
Rule 4117-3-02 | Objections to voluntary recognition requests; petitions in response.
...(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... |
Rule 4117-3-03 | Substantial evidence for the purpose of voluntary recognition.
...(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... |
Rule 4117-5-01 | Petitions: who may file; purposes.
...(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... |
Rule 4117-5-02 | Contents of petitions.
...(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... |
Rule 4117-5-04 | Investigation of petitions.
...(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... |
Rule 4117-5-08 | Election procedure.
...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... |
Rule 4117-5-10 | Post-election objections; determination of challenges.
...(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... |
Rule 4117-5-11 | Certification of the results of the election.
...(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... |
Rule 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 ... |
Rule 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 n... |
Rule 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 d... |
Rule 4117-9-02 | Notice to negotiate.
...(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... |
Rule 4117-9-03 | Mutually agreed-upon dispute settlement procedure.
...(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... |
Rule 4117-9-05 | Fact-finding.
...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... |
Rule 4117-9-05 | Fact-finding.
...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. ... |
Rule 4117-9-06 | Final offer settlement procedure; conciliation.
...Members of a police or fire department, members of the state highway patrol deputy sheriffs, dispatchers employed by a police or fire or sheriff's department or the state highway patrol or civilian dispatchers employed by a public employer other than a police, fire, or sheriff's department to dispatch police, fire, sheriff's department, or emergency medical or rescue personnel and units, an exclusive nurse's unit, em... |
Rule 4117-11-01 | Challenges to rebate procedure.
...(A) Any employee organization representing public employees pursuant to Chapter 4117. of the Revised Code shall prescribe an internal procedure conforming to federal law to determine a rebate, if any, for nonmembers who are required pursuant to a collective bargaining agreement to pay a fair share fee to the employee organization. The internal rebate procedure shall provide for a rebate of expenditures in support of ... |
Rule 4117-13-01 | Notice of intent to strike.
...(A) A notice of intent to strike must be filed with the board and received by the employer no later than ten days prior to the anticipated strike date. (B) The notice shall be in writing and state: (1) The date and time at which the intended strike will commence; (2) The name and address of the exclusive representative of any employees who may be involved in the strike; (3) The name and address of the employer; ... |
Rule 4117-13-02 | Request for board determination of unauthorized strike.
...(A) An employer that believes that its employees are engaging in a strike that is not authorized by Chapter 4117. of the Revised Code may request from the board a determination of whether the strike is authorized. (B) The request shall be in writing and shall state: (1) The name and address of the employer; (2) The name and address of the exclusive representative of any employees involved in a strike; (3) The nam... |
Rule 4117-13-06 | Request for board determination of a clear and present danger to the public health or safety.
...(A) When a court of common pleas has issued a temporary restraining order enjoining a strike and has found probable cause to believe that it poses a clear and present danger to the public health or safety, an employer shall file with the board a written request for a determination of whether the strike in fact poses a clear and present danger. (B) Copies of the temporary restraining order and the motion for temporar... |
Rule 4121-1-03 | Non-adjudicatory meetings of the industrial commission.
...(A) The industrial commission shall hold regular meetings to conduct its official business of a non-adjudicatory nature at a designated time and place at the call of the chairperson of the industrial commission. The commission shall provide at least seventy-two hours advance notice, excluding weekends and state holidays, of all regular meetings. (B) Special meetings of the industrial commissi... |
Rule 4121-1-03 | Non-adjudicatory meetings of the industrial commission.
...(A) The industrial commission may hold regular meetings to conduct its official business of a non-adjudicatory nature at a designated time and place at the call of the chairperson of the industrial commission. The commission shall provide at least seventy-two hours advance notice, excluding weekends and state holidays, of all regular meetings. (B) Special meetings of the industrial commission... |
Rule 4121-2-01 | Standards of practice for attorneys, agents and representatives of claimants or employers.
...(A) Reasonable standards for those attorneys, agents and representatives who practice before the bureau of workers' compensation and the industrial commission shall include: (1) Such attorney, agent or representative shall make himself or herself competent to handle such matters by becoming familiar with the statutes, decisions of the courts, and rules of the bureau and industrial commission ... |