Ohio Admin. Code 4117-7-05 - Hearings on unfair labor practice complaints
(A) In conducting hearings under section
4117.12 of the Revised Code, the
board, a board member, or an administrative law judge assigned to hear the case
shall not be bound by the rules of evidence prevailing in the courts but may
take into account all reliable evidence tending to prove the existence or
nonexistence of an unfair labor practice.
(B) If upon the preponderance of the evidence
taken, the board finds that a respondent has committed an unfair labor
practice, the board shall state its findings of fact and issue and cause to be
served on the respondent an order requiring the respondent to cease and desist
from these unfair labor practices, and take such affirmative action, including
reinstatement of employees with or without back pay, as will effectuate the
policies of Chapter 4117. of the Revised Code. If the board fails to find by a
preponderance of the evidence taken that the respondent named in the complaint
has committed an unfair labor practice, it shall state its findings of fact and
issue an order dismissing the complaint.
Notes
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 01/02/2005
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 01/02/2005
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(A) In conducting hearings under section 4117.12 of the Revised Code, the board, a board member, or an administrative law judge assigned to hear the case shall not be bound by the rules of evidence prevailing in the courts but may take into account all reliable evidence tending to prove the existence or nonexistence of an unfair labor practice.
(B) If upon the preponderance of the evidence taken, the board finds that a respondent has committed an unfair labor practice, the board shall state its findings of fact and issue and cause to be served on the respondent an order requiring the respondent to cease and desist from these unfair labor practices, and take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of Chapter 4117. of the Revised Code. If the board fails to find by a preponderance of the evidence taken that the respondent named in the complaint has committed an unfair labor practice, it shall state its findings of fact and issue an order dismissing the complaint.
Notes
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 01/02/2005
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.11, 4117.12
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05