The State of Ohio’s public sector labor relations is governed by the Ohio Public Employees’ Collective Bargaining Act, detailed in the Ohio Revised Code Chapter 4117 . Ohio law permits public employees the right to join and participate in a labor organization or to refrain from joining and participating in a labor organization. Moreover, public employees may collectively be represented by an employee organization for collective bargaining purposes as a collective unit.
The United Academics of Ohio University (UAOU) is seeking to form a faculty union here at Ohio University. In Ohio’s public sector, one of the initial steps in the Collective Bargaining process involves the State Employment Relations Board (SERB) conducting a thorough review of the request by the potential union (in this case, UAOU).
While the union can make the initial request for a specific designation of voters, only SERB can determine who is eligible to vote, and therefore, they ultimately determine who would be a member of this potential union.
When SERB makes its decision on voter eligibility, which is called the “bargaining unit,” the Board allows both sides the time and opportunity to make their case on who should be eligible to vote. This means the University also has a chance to provide input and facts on who would be in a potential union.
Again, only SERB has the power to determine the appropriate grouping of employees after they’ve had an opportunity to consider various legal factors and weigh the concerns and rights of both the employer and the potential union.
Throughout this process, SERB will also allows legal briefs and submissions from both parties; additionally, they may hold a hearing to make sure the evidence and issues are fully considered before holding an election.
If a majority of the eligible voting employees vote to approve the new union, only then would any collective bargaining processes and obligations between the new union and Ohio University begin, and the union would become the exclusive representative of all employees in the unit, regardless of whether or not an individual employee elects to participate or join the exclusive employee organization.
If a majority of the eligible voting employees do not vote to approve the new union, any collective bargaining processes and obligations would not begin - and the faculty and administration would continue their current relationship through processes and obligations already in place like those outlined in the Faculty Handbook and through the Faculty Senate.
At this time, the collective bargaining process is ongoing, and the matter is currently before SERB to determine the appropriate bargaining unit for employees. In the meantime, we encourage all OHIO employees, regardless of their collective bargaining position, to continue to share their voice and opinion.