Ohio Administrative Code Title 4117 - State Employment Relations Board
Ohio Administrative Code
Title 4117 — State Employment Relations Board (SERB)
1. Overview and Purpose
OAC Title 4117 governs the rules, procedures, and administrative operations of the Ohio State Employment Relations Board (SERB). SERB is the agency responsible for administering Ohio’s public sector collective bargaining laws under the Ohio Public Employees’ Collective Bargaining Act (Chapter 4117 of the Ohio Revised Code).
The primary purpose of SERB is to regulate labor relations between Ohio public employers and their employees, including:
Certification of labor organizations (unions).
Resolution of collective bargaining disputes.
Adjudication of unfair labor practice charges.
Facilitation of labor-management cooperation.
2. Structure of SERB
SERB consists of a board appointed by the Governor with oversight authority.
The board operates through administrative law judges and staff who handle investigations, hearings, and rulings.
SERB functions as both an adjudicative and administrative body.
3. Key Functions and Responsibilities
3.1 Certification and Representation
SERB conducts representation elections to determine if employees wish to be represented by a labor organization.
The board certifies recognized labor unions as exclusive bargaining representatives.
It adjudicates disputes over bargaining unit definitions and representation questions.
3.2 Collective Bargaining Oversight
SERB oversees the collective bargaining process between public employers and unions.
The board enforces obligations to bargain in good faith.
When disputes arise, SERB may facilitate mediation or impose impasse procedures, such as fact-finding or arbitration.
3.3 Unfair Labor Practices (ULPs)
SERB investigates charges of unfair labor practices filed by employees, unions, or employers.
ULPs include interference with rights, refusal to bargain, discrimination, or retaliation related to union activities.
The board issues rulings and orders remedies, including cease-and-desist directives, reinstatement, or bargaining orders.
3.4 Public Sector Labor Relations Education
SERB provides educational resources and training to promote constructive labor relations.
It publishes rulings and guidance to clarify labor law.
4. Procedural Rules
SERB’s administrative procedures for hearings, investigations, and appeals are codified in OAC Title 4117.
Rules govern filing of petitions, notice requirements, timelines, evidence submission, and oral hearings.
Parties have rights to legal representation and cross-examination in formal proceedings.
SERB’s decisions are subject to judicial review under the Ohio Administrative Procedure Act.
5. Enforcement and Remedies
SERB’s enforcement power includes issuing orders binding on employers and unions.
Remedies can include:
Reinstatement of employees.
Monetary damages for lost wages.
Orders to bargain in good faith.
Penalties for violations.
Failure to comply with SERB orders may result in contempt proceedings.
6. Relevant Case Law and Legal Principles
Case Principle 1: Scope of SERB’s Authority
Courts consistently recognize SERB as the exclusive agency with jurisdiction over public sector labor disputes in Ohio.
Judicial intervention is limited to ensuring SERB acts within statutory authority.
Case Principle 2: Exclusive Representation and Certification
Courts uphold SERB’s certification of unions as exclusive bargaining agents, emphasizing stable labor relations.
Challenges to election procedures or unit determinations require showing of procedural irregularities or statutory violations.
Case Principle 3: Unfair Labor Practice Adjudications
SERB’s ULP decisions are given deference unless arbitrary or unsupported by evidence.
Courts enforce SERB’s remedial orders to maintain labor law compliance.
Illustrative Case: State ex rel. Ohio Patrolmen’s Benevolent Assn. v. SERB
The Ohio Supreme Court affirmed SERB’s exclusive jurisdiction over collective bargaining disputes involving public safety employees.
The court emphasized SERB’s role in balancing employee rights with employer interests in maintaining public services.
Illustrative Case: City of Cincinnati v. SERB
The court upheld SERB’s order directing a city employer to bargain in good faith after evidence showed refusal to negotiate.
This case confirmed the board’s power to remedy bargaining violations.
7. Practical Implications for Public Employers and Unions
Public employers must recognize and bargain with certified exclusive representatives.
Both parties must adhere to good faith bargaining requirements and avoid unfair labor practices.
SERB provides mechanisms for dispute resolution, including mediation and arbitration.
Understanding procedural rules is essential for effectively participating in SERB proceedings.
Failure to comply with SERB orders can lead to legal and operational consequences.
8. Summary
| Aspect | Details |
|---|---|
| Governing Statute | Ohio Revised Code Chapter 4117 |
| Governing Agency | Ohio State Employment Relations Board (SERB) |
| Jurisdiction | Public sector labor relations, collective bargaining, ULPs |
| Key Functions | Certification, bargaining oversight, ULP investigation |
| Procedural Rules | Administrative hearings, investigations, appeals |
| Enforcement Powers | Orders, remedies, penalties, contempt |
| Judicial Review | Limited to statutory and procedural compliance |
| Legal Principles | Exclusive jurisdiction, good faith bargaining, deference to SERB decisions |
9. Conclusion
OAC Title 4117 outlines the operational and procedural rules governing Ohio’s State Employment Relations Board, the central agency overseeing public sector labor relations. SERB plays a crucial role in certifying unions, enforcing collective bargaining rights, investigating unfair labor practices, and resolving disputes. Courts generally defer to SERB’s expertise but ensure adherence to statutory and procedural standards, balancing interests of public employers, employees, and unions.
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