Ohio Admin. Code 4117-5-02

Current through all regulations passed and filed through October 28, 2024

Section 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 proposed by the petitioner specifying inclusions and exclusions and the approximate number of employees in the unit;

(4) The date of expiration of any current collective bargaining agreement covered by any employees in the proposed unit;

(5) The names and addresses of all other known employee organizations claiming to represent employees in the proposed unit;

(6) An allegation that at least thirty per cent of the employees in the proposed unit wish to be represented by the employee organization as the exclusive representative, together with evidence in support. Such evidence shall consist of:

(a) Original signed and dated statements, with each signature dated and signed not more than one year prior to the date of filing, including but not limited to cards and petitions, that clearly set forth the intent of the employee with respect to representation by the employee organization; provided, however, that at its discretion the board in the interest of fairness may waive the one-year time limitation; or

(b) Dues deduction authorizations or employer-verified dues deduction lists in effect as of the payroll period immediately preceding the filing of the petition for representation election; or

(c) Current cash dues receipts.

(7) Any other relevant facts.

(B) A petition for a representation election, when filed by an employer, shall contain:

(1) The name, address, and county of the petitioner, and the name, address, and telephone number of its principal representative;

(2) The name, address, and affiliation, if any, of the employee organization that has requested recognition as an exclusive representative and the date the request was made

(3) A description of the bargaining unit for which representation has been requested, and, if different, a description of the bargaining unit proposed by the employer, and the approximate number of employees in the unit or units;

(4) The date of expiration of any collective bargaining agreement covering any employees in the proposed unit or units;

(5) The names and addresses of all other known employee organizations claiming to represent employees in the proposed unit or units;

(6) A concise statement by the employer of the basis for filing the petition; and

(7) Any other relevant facts.

(C) A petition for decertification election filed pursuant to division (A)(1) of section 4117.07 of the Revised Code shall contain:

(1) The name, address, and county of the petitioner, and the name, address, and telephone number of its principal representative;

(2) The name, address, and county of the employer involved;

(3) The name, address, and affiliation, if any, of the incumbent exclusive representative of the employees in the unit involved;

(4) A description of the bargaining unit and the approximate number of employees in said unit;

(5) A statement that the incumbent exclusive representative is no longer the representative of the majority of the employees in the unit, together with evidence that at least fifty per cent of the employees in the unit no longer wish to be represented by the exclusive representative, such evidence to consist of:

(a) Original signed and dated statements, with each signature dated and signed not more than one year prior to the date of filing, including but not limited to cards and petitions, that clearly set forth the intent of the employee with respect to representation by the employee organization; provided, however, that, at its discretion, the board in the interest of fairness may waive the one-year time limitation; or

(b) In the case of an individual who is filing on behalf of a group of employees, verification that the individual has been authorized by the employees to act as their agent in filing a petition for decertification election.

(6) The date of expiration of the collective bargaining agreement, if any, covering employees in the unit;

(7) The names and addresses of all other known employee organizations claiming to represent employees in the unit;

(8) Any other relevant facts.

(D) A petition for clarification of an existing bargaining unit or for amendment of the certification of an exclusive representative shall contain:

(1) The name, address, and county of the employer and of the exclusive representative, and the name, address, and telephone number of the petitioner's principal representative;

(2) A description of the present bargaining unit and the date of certification or recognition of the exclusive representative;

(3) The proposed clarification of the bargaining unit or the proposed amendment of the certification of the exclusive representative;

(4) A statement of the reasons why clarification or amendment is requested, including a statement explaining why there is no question of representation;

(5) The date of the expiration of the collective bargaining agreement, if any;

(6) Any other relevant facts.

Ohio Admin. Code 4117-5-02

Five Year Review (FYR) Dates: 5/27/2020 and 05/27/2025
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987

Five Year Review (FYR) Dates: 05/28/2015 and 05/28/2020
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 3/26/84, 5/18/87