For Ohio public employees considering union representation, the process involves several carefully regulated steps under state law. Here's what you need to know about securing union representation in your workplace.

Who Can Join a Union?

First, you need to determine if you're eligible for union representation. Under Ohio law, most public employees have the right to join unions, but there are some important exceptions. The law covers employees of:

State agencies
Public school districts
State universities
Counties
Cities and townships with populations over 5,000
Special districts and authorities

However, certain categories of employees are excluded from collective bargaining rights, including elected officials, management-level employees, and confidential employees who work closely with management on labor relations.

The Path to Union Representation

Step 1: Building Initial Support

The first step is gathering support among your coworkers. A union seeking to represent employees must demonstrate substantial evidence of majority support in the proposed bargaining unit. This can be shown through:

Signed authorization cards dated within the past year
Current dues deduction authorizations
Membership records showing active dues payments

Step 2: Filing for Recognition

Once sufficient support is gathered, there are two main paths to gaining union representation:

1. Voluntary Recognition:

The union files a Request for Recognition with SERB
The employer must post a notice informing employees
Employees and the employer have 21 days to file objections
If no valid objections are filed, SERB can certify the union

2. Election Process:

Requires showing of at least 30% support in the proposed unit
SERB conducts a secret ballot election
The union must receive a majority of valid votes cast

Step 3: Defining the Bargaining Unit

A crucial part of the process is determining who will be included in the bargaining unit. SERB considers several factors:

Common interests among employees
Similar working conditions and job duties
Impact on employer efficiency
Existing organizational structure
Employee preferences

Special rules apply for certain groups, such as:

Professional and nonprofessional employees cannot be combined without separate majority votes
Safety forces (police/fire) have specific unit restrictions
County employees from different elected officials' offices generally cannot be combined

Step 4: The Election Process

If an election is necessary, it involves these steps:

The employer must post official notices
A 14-day mail ballot period is conducted
SERB handles all ballot counting
A simple majority of valid votes determines the outcome
There's a 10-day period for filing objections to the election

Step 5: Certification and Beginning Collective Bargaining

If the union wins recognition either through voluntary recognition or election, SERB certifies it as the exclusive representative. At this point, the employer must bargain in good faith with the union over wages, hours, and terms and conditions of employment.

Important Timing Considerations

Authorization cards must be dated within one year of filing
Elections cannot be held during an existing contract term
New election petitions can only be filed during specific windows before contract expiration
There's a one-year bar on new elections after a previous election

Getting Help

Starting a union requires careful attention to legal requirements and procedures. Consider reaching out to established unions representing similar workers for guidance and support through this process. The State Employment Relations Board (SERB) also provides detailed information about the representation process, though they cannot offer legal advice.

Ohio Union Labor Lawyers