An unfair labor practice charge is a formal complaint filed with the State Employment Relations Board (SERB) when a public employer or employee organization violates the rights protected under Ohio's Public Employees' Collective Bargaining Act. This law, found in Chapter 4117 of the Ohio Revised Code, establishes and protects the fundamental rights of Ohio's public employees to organize, bargain collectively, and engage in other protected activities without interference or discrimination.

Public sector employees and their unions may need to file an unfair labor practice charge in various situations. For example, charges can be warranted if a public employer retaliates against an employee for union activity, refuses to bargain in good faith over mandatory subjects, interferes with employees' rights to join or assist a union, or discriminates against employees based on their union participation. Additionally, a charge might be appropriate if the employer unilaterally changes working conditions without bargaining, fails to provide necessary information for bargaining or grievance processing, or establishes a pattern of failing to process grievances in a timely manner.

The SERB process specifically applies to Ohio's public sector employees, including those working for state agencies, local governments, school districts, and other public institutions. This is distinct from private sector labor law, which is governed by federal legislation and the National Labor Relations Board. Understanding this distinction is crucial because the rules, procedures, and remedies available through SERB are tailored for Ohio's public sector labor relations.

Critical 90-Day Filing Deadline

The law establishes a strict 90-day deadline for filing unfair labor practice charges. This deadline begins from the time the charging party first becomes aware of the violation. This is not a flexible guideline but a jurisdictional requirement—if you miss this deadline, SERB cannot consider your charge, regardless of its merit. The only exception is for charging parties serving in the armed forces, who may file within 90 days after discharge from service.

When a violation occurs, the affected party must file within this 90-day window and must also have actual or constructive knowledge of the conduct constituting the unfair labor practice, as well as have suffered actual damage from that conduct. Documentation of both the timing of your knowledge of the violation and the resulting harm is crucial for a successful charge.

Filing Requirements

Required Documentation

Every unfair labor practice charge must include:

Complete identification of the Charging Party (your union) and Charged Party (typically the employer)
Clear statement of the facts constituting the alleged unfair labor practice
Specific sections of O.R.C. 4117.11 alleged to have been violated
Supporting documentation and evidence
Proof of service showing the charge was served on the Charged Party

Understanding SERB's Investigation and Enforcement Process

The State Employment Relations Board (SERB) serves as the primary agency responsible for enforcing Ohio's public sector labor laws. When a ULP charge is filed, SERB undertakes a careful, methodical investigation process designed to protect both employee rights and the public interest. This process involves multiple stages, each serving a specific purpose in determining whether a violation has occurred and what remedy might be appropriate.

Initial Investigation Phase

When SERB receives an unfair labor practice charge, investigators first conduct a thorough review to ensure that the charge meets basic jurisdictional requirements. This initial review goes beyond mere technical compliance with filing rules. Investigators examine whether the charging party has provided sufficient factual detail to understand the nature of the alleged violation, whether the charge was filed within the crucial 90-day window, and whether the charged party received proper notice through service of the charge. This careful initial screening helps ensure that SERB's resources are focused on charges that can be meaningfully investigated.

Evidence Gathering and Analysis

Once a charge passes initial review, SERB begins a comprehensive investigation. The investigator will request detailed information from both the charging party and the charged party. This typically includes relevant documents, witness statements, and explanations of the events in question. The investigator may conduct interviews or request affidavits from witnesses. During this phase, it is crucial for the charging party to provide thorough documentation supporting their allegations. The investigator will examine whether the evidence suggests a violation of specific provisions of R.C. 4117.11, looking at both the facts and the legal framework that governs public sector labor relations.

The Board's Role and Decision Making

After gathering evidence, the investigator prepares a detailed report analyzing whether probable cause exists to believe a violation occurred. This report is submitted to the three-member State Employment Relations Board, which reviews the findings and makes a determination. The Board can take several actions: it may dismiss the charge if it finds insufficient evidence of a violation, issue a complaint and set the matter for hearing if probable cause is found, or, in some cases, direct the parties to mediation to resolve their dispute. Each of these outcomes serves different aspects of SERB's mission to maintain stable labor relations in Ohio's public sector.

The Hearing Process

When the Board finds probable cause and issues a complaint, the matter proceeds to a formal hearing. These hearings are conducted by Administrative Law Judges or by the Board itself, following procedures similar to a court trial. Both sides can present evidence, call witnesses, and make legal arguments. This formal process ensures that all parties have a full and fair opportunity to present their cases. After the hearing, the ALJ or Board issues a detailed decision that includes findings of fact and conclusions of law, along with any ordered remedies.

Understanding and Protecting Public Employee Rights Under Ohio Law

The Ohio Public Employees' Collective Bargaining Act establishes fundamental rights for public employees, forming the foundation of stable labor relations in the public sector. These rights reflect a careful balance between employees' interests in fair treatment and representation and the public's interest in efficient government operations.

At the heart of these protections is the right of public employees to form, join, and participate in employee organizations of their choosing. This includes the right to engage in union activities without fear of retaliation or discrimination. The law recognizes that effective collective bargaining requires employees to be free from coercion or interference when exercising these rights. Public employers cannot discriminate against employees based on their union membership or activities, nor can they interfere with the formation or administration of employee organizations.

Public employees also have the right to act together for mutual aid and protection, even in situations that do not involve formal union activity. This might include discussing workplace concerns with coworkers, bringing group complaints to management's attention, or supporting colleagues who raise workplace issues. The law protects these collective activities because they often serve as an important way for employees to address workplace concerns.

The right to representation extends beyond just membership in an employee organization. Once a union is certified as the exclusive representative, employees have the right to bargain collectively through their chosen representative on wages, hours, and other terms and conditions of employment. This includes the right to have union representation in disciplinary meetings that could lead to adverse action, often referred to as Weingarten rights in reference to a landmark U.S. Supreme Court decision.

Navigating the Investigation Process

Understanding how SERB conducts its investigations can help you better prepare and present your case. The investigation process typically spans several months and involves specific timeframes that both parties must observe. When SERB receives your charge, it assigns an investigator who serves as a neutral fact-finder, gathering information from both sides to determine whether probable cause exists to believe a violation occurred.

The initial phase of the investigation usually occurs within the first 14 days after filing. During this time, the investigator reviews the charge for completeness and clarity, ensuring it includes specific facts that, if proven, would constitute an unfair labor practice. The charged party typically has 28 days to provide a detailed response to the allegations. This response period is crucial, as it gives the charged party an opportunity to present their version of events and provide any relevant documentation.

Following the response period, the investigator may request additional information from either party, conduct interviews, or hold fact-finding conferences. This phase of the investigation can extend for several weeks as the investigator works to develop a comprehensive understanding of the situation. The investigator examines not only the specific incidents alleged in the charge but also the context in which they occurred and any relevant past practices or agreements between the parties.

If your charge is dismissed, you have important appeal rights. Within 30 days of the dismissal, you can file a Motion for Reconsideration with the Board. This motion should not simply repeat the arguments made in your original charge; instead, it should present new evidence that wasn't previously available, demonstrate that the Board overlooked or misunderstood critical facts, or show that the Board made a significant legal error in its analysis. Supporting documentation is crucial—any new evidence or arguments should be thoroughly documented and explained.

Keys to a Successful Investigation

Success during the investigation often depends on thorough documentation and prompt responses to investigator requests. Maintain detailed records of all relevant events, communications, and witnesses. When the investigator requests information, provide it as quickly and completely as possible, organizing materials in a clear and logical manner that helps tell your story effectively.