Ohio Admin. Code 4117-5-06 - Notice of election; access to employees
(A) Whenever an election is to be conducted,
the board shall issue and serve upon the parties a notice of election which
shall contain the following information:
(1)
A description of the bargaining unit;
(2) The dates, times,
and places where
and manner in
which the election will be conducted;
(3) The date that will be utilized to
determine voter eligibility;
(4) A
sample ballot.
(B)
Within three days of receipt, and in no event less than ten days before the
election, the employer shall post copies of the notice of election at each
facility in conspicuous locations where employees will be reasonably apprised
of the election. The copies of the notice of election shall remain posted until
the balloting has been completed. The employer shall take reasonable steps to
ensure that the notices are not altered, defaced, or covered by other
materials.
(C) Failure to file with
the board a written objection to the form or content of the notice of election
not later than three days prior to the commencement of the election shall
constitute a waiver of the objection if the objecting party knew of the defect
prior to the election, or through the exercise of reasonable diligence should
have known.
(D) To ensure a free
atmosphere for the development of opinions and the dissemination of information
and ideas for and against representation for purposes of collective bargaining,
no party should be given advantage over any other party in gaining access to
employees during organizational or campaign activity. Issues as to whether fair
access was available shall be determined on the facts of each case through
election objection procedures set forth in rule 4117-5-10 of the Administrative Code or unfair labor practice procedures set forth in sections 4117.11 and
4117.12 of the Revised
Code.
(E) During organizational or
campaign activity, the employer or employee organization(s) may hold meetings
to discuss representation or election issues, but attendance must be voluntary
and available to all employees in the proposed or determined unit. An employer
who holds such a meeting during work time must provide the employee
organization(s) with equal access to all employees in the proposed or
determined unit during work time.
Notes
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, 08/06/2015
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, 08/06/2015
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) Whenever an election is to be conducted, the board shall issue and serve upon the parties a notice of election which shall contain the following information:
(1) A description of the bargaining unit;
(2) The dates, times, and places where and manner in which the election will be conducted;
(3) The date that will be utilized to determine voter eligibility;
(4) A sample ballot.
(B) Within three days of receipt, and in no event less than ten days before the election, the employer shall post copies of the notice of election at each facility in conspicuous locations where employees will be reasonably apprised of the election. The copies of the notice of election shall remain posted until the balloting has been completed. The employer shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by other materials.
(C) Failure to file with the board a written objection to the form or content of the notice of election not later than three days prior to the commencement of the election shall constitute a waiver of the objection if the objecting party knew of the defect prior to the election, or through the exercise of reasonable diligence should have known.
(D) To ensure a free atmosphere for the development of opinions and the dissemination of information and ideas for and against representation for purposes of collective bargaining, no party should be given advantage over any other party in gaining access to employees during organizational or campaign activity. Issues as to whether fair access was available shall be determined on the facts of each case through election objection procedures set forth in rule 4117-5-10 of the Administrative Code or unfair labor practice procedures set forth in sections 4117.11 and 4117.12 of the Revised Code.
(E) During organizational or campaign activity, the employer or employee organization(s) may hold meetings to discuss representation or election issues, but attendance must be voluntary and available to all employees in the proposed or determined unit. An employer who holds such a meeting during work time must provide the employee organization(s) with equal access to all employees in the proposed or determined unit during work time.
Notes
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, 08/06/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 3/26/84 (Emer), 6/24/84, 5/18/87