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  Representation Section
   

The Representation Section reviews and processes petitions for representation and decertification elections, requests for recognition (i.e., voluntary recognition of a union by an employer), petitions for amendment or clarification of existing bargaining units, and rebate challenges; coordinates efforts to achieve consent election agreements; conducts secret ballot elections for the exclusive representative for a bargaining unit; and makes recommendations to the Board concerning the disposition of these cases.

REPRESENTATION SECTION STAFF

REPRESENTATION RELATED FORMS


   Mail Ballot Procedures
   

 SERB's New Mail Balloting Procedures please see links below:

Mail Ballot Election Procedures

New Election Procedures 12-09-09

  Frequently Asked Questions
   

Question: What is a Public Employer?

Answer: According to Ohio Revised Code Section 4117.01(B), a "Public Employer" means any of the following:

  • the State or any political subdivision of the State located entirely within the State
  • any municipal corporation with a population of at least five thousand according to the most recent federal decennial census [2000]
  • counties
  • townships with a population of at least five thousand in the unincorporated area of the township
  • according to the most recent federal decennial census [2000]
  • school districts
  • the governing authority of a community school established under Ohio Revised Code Chapter 3314
  • state institutions of higher learning
  • public or special districts
  • state agencies, authorities, commissions, or boards
  • other branch of public employment.

Question: Who is a Public Employee?

Answer: According to Ohio Revised Code Section 4117.01(C), a "Public Employee" means any person holding a position by appointment or employment in the service of a public employer, including any person working pursuant to a contract between a public employer and a private employer and over whom the National Labor Relations Board has declined jurisdiction on the basis that the involved employees are employees of a public employer.

Exceptions to the description of a “Public Employee” include the following:

  1. (1) Persons holding elective office;

    (2) Employees of the general assembly and employees of any other legislative body of the public employer whose principal duties are directly related to the legislative functions of the body;

    (3) Employees on the staff of the governor or the chief executive of the public employer whose principal duties are directly related to the performance of the executive functions of the governor or the chief executive;

    (4) Persons who are members of the Ohio organized militia, while training or performing duty under section 5919.29 or 5923.12 of the Revised Code;

    (5) Employees of the state employment relations board, including those employees of the state employment relations board utilized by the state personnel board of review in the exercise of the powers and the performance of the duties and functions of the state personnel board of review;

    (6) Confidential employees;

    (7) Management level employees;

    (8) Employees and officers of the courts, assistants to the attorney general, assistant prosecuting attorneys, and employees of the clerks of courts who perform a judicial function;

    (9) Employees of a public official who act in a fiduciary capacity, appointed pursuant to section 124.11 of the Revised Code;

    (10) Supervisors;

    (11) Students whose primary purpose is educational training, including graduate assistants or associates, residents, interns, or other students working as part-time public employees less than fifty per cent of the normal year in the employee’s bargaining unit;

    (12) Employees of county boards of election;

    (13) Seasonal and casual employees as determined by the state employment relations board;

    (14) Part-time faculty members of an institution of higher education;

    (15) Participants in a work activity, developmental activity, or alternative work activity under sections 5107.40 to 5107.69 of the Revised Code who perform a service for a public employer that the public employer needs but is not performed by an employee of the public employer if the participant is not engaged in paid employment or subsidized employment pursuant to the activity;

    (16) Employees included in the career professional service of the department of transportation under section 5501.20 of the Revised Code;

    (17) Employees of community-based correctional facilities and district community-based correctional facilities created under sections 2301.51 to 2301.58 of the Revised Code who are not subject to a collective bargaining agreement on June 1, 2005.


Question: When can filings be made?

Answer: A Request for Recognition can be filed at any time – it is seeking voluntary recognition by the employer for exclusive recognition for a bargaining unit that is not currently being represented.

A Petition for Amendment of Certification and a Petition for Clarification of Bargaining Unit can be filed at any time – these two filings are altering or clarifying the composition of the bargaining unit or its representation in some way.

A Petition for Representation Election – Employee Organization seeking representation for an unrepresented bargaining unit can be filed at any time – it is seeking an election to become the exclusive representative for a bargaining unit that is not currently being represented. For units already represented, a petition for election can only be filed during the “window period” for the current collective bargaining agreement, which is from 120 days to 90 days before the expiration date of a collective bargaining agreement, or during the period from the expiration date of a collective bargaining agreement until a new written agreement is concluded.

A Petition for Representation Election – Employer may be filed by the employer in response to the employee organization’s filing of a Request for Recognition.

A Petition for Decertification Election can only be filed by an employee in the bargaining unit during the “window period” for the current collective bargaining agreement, which is from 120 days to 90 days before the expiration date of a collective bargaining agreement, or during the period from the expiration date of a collective bargaining agreement until a new written agreement is concluded.

No election can be conducted for any appropriate bargaining unit in which SERB has conducted an election in the preceding 12 months.