Section 4117-3-01 - Voluntary recognition requests(A) Requests for recognition by an employee organization pursuant to section 4117.05 of the Revised Code shall be filed with the board and served upon the employer. Requests for recognition shall not be accepted for filing with the board unless they contain proof of service, pursuant to paragraph (B) of rule 4117-1-02 of the Administrative Code. The request for recognition shall contain: (1) The name, address, and affiliation, if any, of the employee organization, and the name and telephone number of its principal representative; (2) A description of the bargaining unit which the employee organization proposes to represent, specifying inclusions and exclusions and the approximate number of employees in the unit; (3) A statement that a majority of the employees in the bargaining unit wish to be represented by the employee organization; and (4) Certification by the employee organization that the employee organization has filed with the board substantial evidence as defined in rule 4117-3-03 of the Administrative Code supporting the employee organization's statement that a majority of the employees in the bargaining unit wish to be represented by the employee organization. (B) Immediately upon receipt of a request for recognition, the employer shall post a notice in each facility at which employees in the proposed unit are employed, a copy of which shall be filed with the board. The notice posted by the employer shall be no smaller than eight and one-half inches by eleven inches, shall be legible, and shall contain: (1) A description of the proposed bargaining unit; (2) The name of the employee organization requesting recognition; (3) The date of receipt by the employer of the request for recognition; (4) A statement advising employees that any objections to certification must be filed with the board not later than the twenty-first day following the date on which the employer received the request for recognition. (C) Notices posted pursuant to paragraph (B) of this rule shall be placed in conspicuous locations where employees will be reasonably apprised of the contents. The notices shall be posted for twenty-one days. The employer shall take reasonable steps to ensure that notices are not altered, defaced, or covered by other materials. Immediately upon posting the notice the employer shall submit to the board a certification of posting together with a copy of the notice and a copy of the request for recognition. (D) The posting of a notice pursuant to paragraph (B) of this rule and division (A)(2)(a) of section 4117.05 of the Revised Code does not prevent an employer from filing with the board a petition for election by the twenty-first day following the date on which the employer received the request. Ohio Admin. Code 4117-3-01
Five Year Review (FYR) Dates: 5/27/2020 and 05/27/2025
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987Five Year Review (FYR) Dates: 05/28/2015 and 05/28/2020
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.05, 4117.07
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87