Ohio Admin. Code 4117-5-08 - Election procedure
The board or its agent shall conduct all representation
elections. All elections shall be by secret ballot cast and, at the board's
discretion, shall be conducted by mail or electronically or in person. Proxy
ballots shall not be allowed. Upon the filing of a petition and a sufficient
showing of interest, the board or its agent will schedule a pre-election
conference. No later than five days before the
pre-election conference, the
The
employer shall provide to the board and serve upon each
party to the election a list of all eligible voters with their home
addresses in accordance with rule 4117-5-07 of the Administrative Code and in the manner prescribed by the board or its agent.
The board will promptly provide the list to the
employee organizations that are parties to the election.
(A) For elections by mail ballot,
a notice and ballot materials shall be
mailed by the board or its agent to each eligible employee and any employee
that a party to the election claims to be an eligible voter.
No
The polling
period shall be no less than fourteen days shall be provided between the date on which ballot materials
are mailed and the deadline for return of the ballots.
(1) Where more than one employee organization
is a party in the election, the incumbent employee
organization shall have first choice as to the position of the
employee organization's
incumbent's name on the ballot. For
nonincumbent
non-incumbent employee organizations
organization(s), choices as to ballot position shall
be made in the order in which the non-incumbent
employee organizations
organization(s) filed.
(2) Any party to the election or an agent of
the board may challenge for good cause the eligibility of any person to
participate in the election. Prior to the counting of the ballots in a
mail-ballot election, the parties may, by written mutual agreement and with the
consent of the agent of the board, resolve the challenge to the eligibility of
a person to participate in the election. If the unresolved, challenged
ballots
ballot(s) are sufficient in number to affect the
results of the election, the challenging party shall file with the board
post-election objections with affidavits and any
other data
documentation in support of its challenge within ten
days of the election
after service of the tally of ballots.
(3) The agent of the board shall place mail
ballots returned to the board in a ballot box kept in a secured location within
the board's offices. After the deadline for the
return of ballots has transpired, the
The ballot box shall be
sealed
remain in the secured location
until the designated date and time set by the agent of the board for the ballot
count.
(4) Upon the date and time
set for the counting of the ballots, the agent shall count the ballots at the
designated time at the board's offices. Each party may be present through its
designated representatives at the counting of ballots. Upon completion of the
count, a written tally of ballots shall be supplied to each party.
(B) If the board determines that
the circumstances of a particular case indicate that an on-site election would
be more efficient or appropriate than a mail-ballot election, a notice shall be
posted at appropriate locations. Ballot materials shall be brought to polling
sites by an agent of the board. Absentee ballots shall not be allowed.
(1)
Where
For an on-site election, where more than one
employee organization is a party in the election, the incumbent
employee organization shall have first choice as
to the position of the employee
organization's
incumbent's name on the
ballot for an on-site election. For
nonincumbent
non-incumbent employee organizations
organization(s), choices as to ballot position shall
be made in the order in which the non-incumbentemployee organizations
organization(s) filed.
(2) In an on-site election, each party to the
election may be represented by an equal number of observers at each polling
site. The selection and number of observers shall be subject to the approval of
the board chairperson or board agent. Observers may be bargaining-unit
employees who shall be nonsupervisory
non-supervisory, nonmanagement
non-management employees of the employer. No later
than ten days prior to the election, each party shall file with the board and
shall serve upon the other parties a list of those individuals whom the party
intends to use as observers or alternate observers, unless for good cause
shown, a shorter time period is required. The employer shall release employee
observers without loss of pay from their regular job assignments to enable them
to serve as observers.
(3) No
person shall be permitted to come within twenty-five feet of the entrance to
any polling site from the time of opening to the time of closing of the polls,
except for voters who are engaged in the actual process of voting, agents of
the board, and election observers. The entrance to the polling site shall be
determined solely by the agent of the board who conducts the election.
Distribution or posting of campaign literature within twenty-five feet of the
entrance of any polling site during polling hours is prohibited.
(4) An observer for any party to the election
or an agent of the board may challenge for good cause the eligibility of any
person to participate in the election. Prior to the counting of ballots, the
parties may, by written mutual agreement and with the consent of the agent of
the board, resolve the challenge to any challenged ballot. If the unresolved,
challenged ballots are sufficient in number to affect the results of the
election, the challenging party shall file with the board
post-election objections withaffidavits and any
other data
documentation in support of its challenge within ten
days of the election
after service of the tally of ballots.
(5) Upon conclusion of the voting, the agent
of the board shall count the ballots, allowing observers and other
representatives of the parties to the election to be present. Upon completion
of the count, a written tally of ballots shall be supplied to each party. In
elections where the ballot box must be transported by the board agent to
another site for the tally, observers and representatives of each party may be
present at the sealing of the ballot box by the board agent.
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, 01/11/2010, 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, 01/11/2010, 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.
The board or its agent shall conduct all representation elections. All elections shall be by secret ballot cast and, at the board's discretion, shall be conducted by mail or electronically or in person. Proxy ballots shall not be allowed. Upon the filing of a petition and a sufficient showing of interest, the board or its agent will schedule a pre-election conference. No later than five days before the pre-election conference, the The employer shall provide to the board and serve upon each party to the election a list of all eligible voters with their home addresses in accordance with rule 4117-5-07 of the Administrative Code and in the manner prescribed by the board or its agent. The board will promptly provide the list to the employee organizations that are parties to the election.
(A) For elections by mail ballot, a notice and ballot materials shall be mailed by the board or its agent to each eligible employee and any employee that a party to the election claims to be an eligible voter. No The polling period shall be no less than fourteen days shall be provided between the date on which ballot materials are mailed and the deadline for return of the ballots.
(1) Where more than one employee organization is a party in the election, the incumbent employee organization shall have first choice as to the position of the employee organization's incumbent's name on the ballot. For nonincumbent non-incumbent employee organizations organization(s), choices as to ballot position shall be made in the order in which the non-incumbent employee organizations organization(s) filed.
(2) Any party to the election or an agent of the board may challenge for good cause the eligibility of any person to participate in the election. Prior to the counting of the ballots in a mail-ballot election, the parties may, by written mutual agreement and with the consent of the agent of the board, resolve the challenge to the eligibility of a person to participate in the election. If the unresolved, challenged ballots ballot(s) are sufficient in number to affect the results of the election, the challenging party shall file with the board post-election objections with affidavits and any other data documentation in support of its challenge within ten days of the election after service of the tally of ballots.
(3) The agent of the board shall place mail ballots returned to the board in a ballot box kept in a secured location within the board's offices. After the deadline for the return of ballots has transpired, the The ballot box shall be sealed remain in the secured location until the designated date and time set by the agent of the board for the ballot count.
(4) Upon the date and time set for the counting of the ballots, the agent shall count the ballots at the designated time at the board's offices. Each party may be present through its designated representatives at the counting of ballots. Upon completion of the count, a written tally of ballots shall be supplied to each party.
(B) If the board determines that the circumstances of a particular case indicate that an on-site election would be more efficient or appropriate than a mail-ballot election, a notice shall be posted at appropriate locations. Ballot materials shall be brought to polling sites by an agent of the board. Absentee ballots shall not be allowed.
(1) Where For an on-site election, where more than one employee organization is a party in the election, the incumbent employee organization shall have first choice as to the position of the employee organization's incumbent's name on the ballot for an on-site election. For nonincumbent non-incumbent employee organizations organization(s), choices as to ballot position shall be made in the order in which the non-incumbentemployee organizations organization(s) filed.
(2) In an on-site election, each party to the election may be represented by an equal number of observers at each polling site. The selection and number of observers shall be subject to the approval of the board chairperson or board agent. Observers may be bargaining-unit employees who shall be nonsupervisory non-supervisory, nonmanagement non-management employees of the employer. No later than ten days prior to the election, each party shall file with the board and shall serve upon the other parties a list of those individuals whom the party intends to use as observers or alternate observers, unless for good cause shown, a shorter time period is required. The employer shall release employee observers without loss of pay from their regular job assignments to enable them to serve as observers.
(3) No person shall be permitted to come within twenty-five feet of the entrance to any polling site from the time of opening to the time of closing of the polls, except for voters who are engaged in the actual process of voting, agents of the board, and election observers. The entrance to the polling site shall be determined solely by the agent of the board who conducts the election. Distribution or posting of campaign literature within twenty-five feet of the entrance of any polling site during polling hours is prohibited.
(4) An observer for any party to the election or an agent of the board may challenge for good cause the eligibility of any person to participate in the election. Prior to the counting of ballots, the parties may, by written mutual agreement and with the consent of the agent of the board, resolve the challenge to any challenged ballot. If the unresolved, challenged ballots are sufficient in number to affect the results of the election, the challenging party shall file with the board post-election objections withaffidavits and any other data documentation in support of its challenge within ten days of the election after service of the tally of ballots.
(5) Upon conclusion of the voting, the agent of the board shall count the ballots, allowing observers and other representatives of the parties to the election to be present. Upon completion of the count, a written tally of ballots shall be supplied to each party. In elections where the ballot box must be transported by the board agent to another site for the tally, observers and representatives of each party may be present at the sealing of the ballot box by the board agent.
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, 01/11/2010, 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, 1/11/10