Unfair Labor Practices
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Unfair Labor Practices
What the Unfair Labor Practices (ULP) Section Does
The Unfair Labor Practice (ULP) Section, in consideration of the rights of all the parties, investigates Unfair Labor Practice Charges, Non-Compliance Complaints, and Jurisdictional Work Disputes.
Unfair Labor Practice Charges
Rights of the Parties
- Rights of Employees (ORC 4117.03).
- Rights of Representative (ORC 4117.04).
- Rights of Management (ORC 4117.08(C)).
Section 4117.11 of the Ohio Revised Code spells out those acts that may constitute an Unfair Labor Practice.
- Unfair Labor Practices that can be committed by an employer are listed in Section 4117.11(A).
- Unfair Labor Practices that can be committed by an employee organization (union) are listed in Section 4117.11(B).
Non-Compliance Complaints
Section 4117.19(A) through (E) of the Ohio Revised Code outlines an employee organization’s (union's) mandatory filing requirements. A Non-Compliance Complaint is filed by any party with a vested interest that alleges an employee organization (union) may have failed to comply with those requirements.
Jurisdictional Work Disputes
Section 4117.11(D) of the Ohio Revised Code authorizes the Board to hear and determine a Jurisdictional Work Dispute. A Jurisdictional Work Dispute is filed when two (2) or more employee organizations (unions) claim jurisdiction over employees who perform certain work.
When a Charge is Filed
- Investigator, in consideration of the parties’ rights, will request and review the information provided by the parties.
- Investigator will conduct an investigation and prepare a comprehensive investigative report that will indicate whether a violation has occurred.
- The investigative report will be presented to the Board for its review and final determination.
Although some cases filed may be related, the allegations in each case are investigated individually to determine whether the facts support the allegations.
Parties are offered the opportunity to participate in voluntary mediation.
Are you a public employee or employer?
Read this article to find out if SERB can help you, or find the right agency.
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