Ohio Administrative Code
Title 4117 - State Employment Relations Board
Chapter 4117-7 - Unfair Labor Practice
Section 4117-7-05 - Hearings on unfair labor practice complaints
Current through all regulations passed and filed through September 16, 2024
(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.
Five 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,
4117.11,
4117.12
Prior
Effective Dates: 3/26/84, 6/24/84, 5/18/87,
1/2/05