Ohio Administrative Code

Within ten days after the termination of a trusteeship, the administering employee organization shall file on behalf of the subordinate employee organization a final report including:(A) The method of terminating the trusteeship, such as restoration of autonomy, dissolution, merg…

h 119. PDF: Upon request of any person, the board may investigate or hold a hearing regarding circumstances of imposition of a trusteeship over a subordinate employee organization. If the trusteeship does not meet the requirements of this chapter and the applicable constitution o…

h 119. PDF: (A) The time and place of all regularly scheduled meetings or hearings of the board may be obtained by:(1) Written request sent to the board office; or(2) Telephoning the state employment relations board.(B) In the event a special meeting is to be held, the board shal…

(A) A majority of the members of the board shall concur to adopt, amend, or rescind a rule. Any member of the board may record his or her opposition to a proposed rule or amendment in the resolution adopting such rule, rescission, or amendment.(B) Prior to commencing the procedur…

h 119. PDF: (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 s…

h 119. PDF: (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 …

h 119. PDF: (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 onl…

(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 …

h 119. PDF: (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 …

(A) At any time subsequent to the filing of a petition for representation or decertification election, the parties may enter into and file with the board a consent election agreement. The agreement shall include a waiver of hearing, a description of the unit, the proposed date(s)…

(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 reasonabl…

(A) If the board determines that there is reasonable cause to believe that a question or questions of representation requiring a hearing or inquiry exist, the board shall issue to the parties a notice of hearing or inquiry. Immediately upon receipt, an employer shall post such no…

(A) Whenever an election is to be conducted, the board shall issue and serve upon the parties a notice of election which shall contain the following information:(1) A description of the bargaining unit;(2) The dates, times, places and manner in which the election will be conducte…

(A) After the board directs an election, the employer shall file with the board and serve upon each party to the election an alphabetized, numbered election eligibility list containing the names and home addresses of all eligible voters. Unless otherwise directed by the board or …

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 suffi…

(A) In order to prevail in an election, a choice must receive more than fifty per cent of the total number of valid ballots cast. In any representation election in which the choices are an employee organization and "no representative," and the resulting vote is equally divided, i…

(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 a…

h 119. PDF: (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 repres…

(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…

h 119. PDF: (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 com…

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 complai…

(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 inclu…

(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 t…

h 119. PDF: (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 w…

h 119. PDF: 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 reas…

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…

(A) The board will accept written applications for individuals to be included on the SERB roster of neutrals. The board may require applicants to provide references, writing samples, and information concerning current employment, relevant experience, and ability to function as a …

(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 collectiv…

(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 4…

When the statutory procedures of divisions (C)(2) to (C)(6) of section 4117.14 of the Revised Code apply, mediation shall be conducted in accordance with these terms:(A) At any time subsequent to the serving and filing of the notice to negotiate pursuant to paragraph (A), (B), or…

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 appoin…

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 …

(A) One executed copy of any collective bargaining agreement accompanied by a completed state employment relations board contract data summary sheet shall be filed via electronic mail with the board by the employer within thirty days of execution.(B) For the purpose of this rule,…

The procedure of the commission for giving public notice for the adoption, amendment, or rescission of any rule pursuant to section 119.03 of the Revised Code shall be as follows.(A) The commission shall give public notice at least thirty days prior to the date set for the public…

(A) All meetings of the industrial commission of Ohio are open to the public at all times, unless the subject matter of the meeting is specifically excepted by law.(B) The time and place for all regularly scheduled meetings, and the time, place and purpose of all special meetings…

(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…

This rule and rules 4121-15-02 to 4121-15-04 and 4123-15-01 to 4123-15-04 of the Administrative Code shall be titled, "Code of Ethics for the Bureau of Workers' Compensation and the Industrial Commission of Ohio" and shall contain the code of ethics for employees of these agencie…

(A) It is essential that the public has confidence in the administration of the industrial commission and the bureau of workers' compensation. This public confidence depends in a large degree on whether the public trusts that employees of these agencies are impartial, fair, and a…

(A) PurposeIt is the policy of the industrial commission and the bureau of workers' compensation to carry out its mission in accordance with the strictest ethical guidelines and to ensure that commission and bureau employees conduct themselves in a manner that fosters public conf…

(A) The "Code of Ethics for the Bureau of Workers' Compensation and Industrial Commission" shall be posted in a conspicuous place in every office of the bureau and commission.(B) A copy of this code of ethics shall be distributed to each employee. After two weeks from such receip…

In accordance with division (C) of section 4121.122 and division (B)(13) of section 4121.121 of the Revised Code, rules 4121-15-05 to 4121-15-09 and 4123-15-05 to 4123-15-09 of the Administrative Code are for the purpose of eliminating improper outside influence on employees of t…

To the extent possible, all those who represent claimants or employers shall be furnished without charge with a copy of the "Code of Ethics of the Bureau of Workers' Compensation and the Industrial Commission of Ohio" and with a copy of the rules concerning the elimination of out…

Representatives of claimants and employers as well as their employees and agents shall conduct their business with the employees of the bureau of workers' compensation and the industrial commission in accordance with the highest moral principles and are expected to support the "C…

Upon receipt of information indicating a violation of rule 4121-15-07 of the Administrative Code, to ensure appropriate corrective action, the industrial commission or the administrator, as the case may be, shall take every action to ensure the matter is investigated, and, provid…

No employee shall access a workers' compensation claim file unless the file is necessary to the performance of the employee's duties. In case of violation or apparent violation of this rule, the executive director of the commission or the chief ethics officer of the commission, s…

(A) Definitions. The following definitions shall apply to the adjudication of all disputes before the industrial commission:(1) "Claimant" means an employee as defined in division (A) of section 4121.01 and division (A) of section 4123.01 of the Revised Code, who asserts a right,…

h 119. PDF: In cases where treatment was not authorized in advance, the hearing officer, at the hearing, may, in the hearing officer's discretion, determine that fee bills for such treatment are to be paid retroactively. Last updated August 23, 2023 at 10:15 AM Authorized By: – A…