Understanding the SERB Conciliation Process in Ohio

The conciliation process is the final step in resolving collective bargaining disputes for Ohio's safety forces and other essential public employees who cannot strike. As outlined by the State Employment Relations Board (SERB), this process provides a binding resolution mechanism through final offer issue-by-issue arbitration under O.R.C. Section 4117.14(G).

Who Is Eligible for Conciliation?

Conciliation is available to specific categories of public employees who are prohibited from striking, including:

Police and fire department members, state highway patrol members, deputy sheriffs, dispatchers (police, fire, sheriff's departments, and highway patrol), civilian dispatchers for emergency services, exclusive nurse's units, employees of state schools for the deaf or blind, public employee retirement system workers, corrections officers, guards at penal or mental institutions, specially appointed police officers, psychiatric attendants at mental health forensic facilities, and youth leaders at juvenile correctional facilities.

The Conciliation Process Timeline

The process follows these key steps and timelines:

  1. After a fact-finding report is rejected by either party (requiring a three-fifths majority vote), SERB must receive notice within seven days.

  2. On the eighth day following the notice of rejection, SERB issues a conciliation order with a panel of five potential conciliators.

  3. Parties have five days from the mailing of the panel to make their selection through the alternate striking of names.

  4. The conciliation hearing must be held within thirty days of SERB's conciliation order, or as soon as practicable thereafter.

Selecting a Conciliator

The selection process involves several important procedures:

Parties must mutually select their conciliator either from the provided panel through alternate striking or by choosing any Ohio resident from the SERB Roster of Neutrals. Selections must be submitted in writing to SERB, though oral notification is permitted if followed by written confirmation. Parties are encouraged to indicate second and third choices in case their primary selection is unavailable.

If parties fail to make a mutual selection or submit their choice timely, SERB will make a discretionary appointment. No second panels are provided due to strict timelines.

The Hearing Process

At least 5 calendar days before the hearing, both parties must submit to the conciliator, the other party, and SERB:

  • Party identification and contact information

  • Bargaining unit description and size

  • Current collective bargaining agreement (if any)

  • A detailed report of all unresolved issues, including final offers and positions on each issue

Hearings are closed to the public and viewed as part of the negotiation process. The conciliator must consider specific factors mandated by O.R.C. Section 4117.14(G)(7), including past agreements, comparable employment data, public interest and welfare, employer's ability to pay, and other traditional factors in collective bargaining.

The Conciliator's Award

The conciliator must select between each party's final offers on an issue-by-issue basis. The award becomes binding upon issuance and must be implemented promptly. Important considerations include:

  • Awards with cost implications have restrictions on retroactivity, unless previously waived by the parties

  • The award must be issued within 30 days of the hearing unless parties agree to an extension

  • Awards can be appealed through the court of common pleas under Chapter 2711 of the Revised Code

  • Parties share equally in the conciliator's fees and expenses

Cost Information

Under statutory appointment, conciliators are paid up to $950.00/day for eight hours of service, including travel, hearing, research, and writing time. Hours beyond eight are compensated at $118.75/hour. Expenses are reimbursed up to $150.00/day. Parties each pay 50% of the charges, and late payments may incur a 10% fee.