Board Meeting Minutes April 28, 2011

Transcription

1 The State Employment Relations Board met on, at 10:00 a.m., at 65 East State Street, 12 1 h Floor, Columbus, Ohio. Present at the meeting were Chair W. Craig Zimpher, Vice Chair Robert F. Spada, and Board Member N. Eugene Brundige. I. APPROVAL OF MINUTES FOR THE APRIL 14, 2011 BOARD MEETING: Vice Chair Spada moved that the Board approve the minutes for the April 14, 2011 Board meeting. Board Member Brundige seconded the motion. Chair Zimpher called for Vote: BRUNDIGE: Yes SPADA: Yes ZIMPHER: II. MEDIATION AND FACT-FINDING MATTERS AT ISSUE: 1. Case 2011-MED Heath Education Association and Heath City Schools The Employee Organization filed a Notice to Negotiate concerning negotiations for a successor collective bargaining agreement with the Employer. By a letter dated April12, 2011, the Employee Organization filed a letter requesting the withdrawal of the Notice to Negotiate. The motion was unopposed. Board Member Brundige moved that the Board construe the Employee Organization's letter as a motion to withdraw, grant the motion, and dismiss without prejudice the Notice to Negotiate. Vice Chair Spada seconded the motion. Chair Zimpher called for 2. Case 2011-MED Central State Safety Association and Central State University The Employee Organization filed a Notice to Negotiate concerning negotiations for a successor collective bargaining agreement with the Employer. On April 7, 2011, the Employer filed a motion to stay negotiations "pending resolution of the anticipated statutory revisions to R.C. and O.A.C. Chapters 4117 effectuated by Senate Bill 5." The Employee Organization filed a memorandum in opposition to the motion. Vice Chair Spada moved that the Board deny the Employer's motion to stay negotiations. Board Member Brundige seconded the motion. Chair Zimpher called for Vote: BRUNDIGE: Yes SPADA: Yes ZIMPHER:

2 Page 2 of Case MED Teamsters Local Union No. 348 and Copley Fairlawn City School District Board of Education The Employee Organization filed a Notice to Negotiate concerning negotiations for a successor collective bargaining agreement with the Employer. By a letter dated August 9, 2010, SERB's Bureau of Mediation appointed a mediator to assist the parties. The Employee Organization filed a request for a list of potential fact finders. The Employer filed a letter opposing the request for a fact-finding panel; the Employer contended that the parties have a mutually agreed-upon dispute resolution procedure in their collective bargaining agreement that supersedes the statutory procedure in Ohio Revised Code (D). Later, the Employer filed a memorandum in opposition to the Employee Organization's request, stating its preference to follow the impasse mediation procedure in the current collective bargaining agreement instead of the statutory procedure. Board Member Brundige moved that the Board, pursuant to the parties' mutually agreed-upon dispute resolution procedure, grant the Employer's motion and deny the Employee Organization's request for a fact-finding panel under the statutory dispute resolution procedure. Vice Chair Spada seconded the motion. Chair Zimpher called for 4. Case 2010-MED Lebanon Professional Firefighters. IAFF 4796 and City of Lebanon Board Member Brundige moved that the Board Table this matter. Vice Chair Spada seconded the motion. Chair Zimpher called for the vote. 5. Case 2009-MED Teamsters Local Union No. 24 and Franklin Township Trustees, Portage County On October 9, 2009, the Employee Organization filed a Notice to Negotiate concerning negotiations for a successor collective bargaining agreement with the Employer. On November 19, 2009, the Employee Organization requested a fact-finding panel. On December 3, 2009, the Bureau of Mediation notified the selected fact finder of his appointment. The fact-finding hearing was held on September 24, The factfinder's report was issued on November 8, On November 16, 2010, the Employer notified the Board of its vote to accept the factfinder's report. On November 17, 2010, the Employee Organization notified the Board of its vote to accept the fact-finder's report.

3 Page 3 of 18 After voting to accept the fact-finder's report, the Employer and the Employee Organization realized that they were in disagreement over the fact-finder's recommendation of a "wage freeze" for the duration of the collective bargaining agreement. They contacted the fact finder over their confusion/disagreement. On December 17, 2010, the fact finder issued a "Clarification of Fact-Finder's Award." Ohio Administrative Code Rule (L) provides as follows: No later than fourteen days after the appointment of the fact-finding panel, unless the parties mutually agree to an extension, the fact-finding panel, acting by a majority of its members, shall serve on the parties and the board via electronic mail findings of fact, recommendations on the unresolved issues, and a separate summary of each recommendation. Any subsequent change or adjustment by the fact-finding panel in the fact-finding report must be based upon error or omission and must be submitted by the fact-finding panel to the board for consideration and imposition of new time periods. If the fact-finder's report contains an error that needs correction, the parties shall contact the fact finder to raise the concern. If the report contains a substantive error that requires an adjustment to the report, the fact finder shall file a request with the board for authorization to adjust the report. Unless the parties agree to extend the voting period, the parties should conduct a vote upon the report as issued without correction. Once the board grants authorization for the fact finder to adjust the report, new timelines will be established for conducting a new vote to accept or reject the report as adjusted. Obvious typographical errors admitted by the fact finder do not require a board authorized adjustment. On January 19, 2011, the Employer filed a "Motion to Reopen Fact Finding for New (L) Timelines." The "Clarification of Fact-Finder's Award" appeared to be more than a correction of an obvious typographical error. As a result, the adjustment must be authorized by the Board under the procedures in the administrative rule. No adjustment had been requested or authorized under those procedures. On March 17, 2011, the Board denied the Employer's motion to reopen the fact-finding timelines. On April 12, 2011, the "Employer's Motion to Vacate Clarification of Fact-Finder's Award" was filed. On April 19, 2011, the Employee Organization filed its memorandum in opposition. In Teamsters Local Union No. 957 and Wright State University, Case No MED , the Board was faced with a similar situation involving a fact-finder's adjustment of the award that did not follow this administrative rule. In that case, the Board granted the Employer's motion to vacate the fact-finder's written correction of the fact-finding report. Similar action is appropriate in this matter. Vice Chair Spada moved that the Board grant the "Employer's Motion to Vacate Clarification of Fact-Finder's Award." Board Member Brundige seconded the motion. Chair Zimpher called for

4 Page 4 of 18 Ill. REPRESENTATION MATTERS AT ISSUE: 1. Case 2011-REP Case 2011-REP Case 2011-REP Richard C. Nelson and Fraternal Order of Police. Ohio Labor Council. Inc. and Champaign Countywide Communications Center (May 10, May 23, 2011) Jefferson Township Professional Firefighters Association (AFL-CIO) IAFF L-4038 and Jefferson Township Board of Trustees. Franklin County (May 10, May 23, 2011) Fraternal Order of Police. Ohio Labor Council. Inc. and Teamsters Local413 and City of Powell (May 10, May 23, 2011) All parties have executed and filed the appropriate Consent Election Agreements seeking mail-ballot elections. Board Member Brundige moved that the Board approve the Consent Election Agreements and direct mail ballot-elections to be conducted during the polling periods indicated. Vice Chair Spada seconded the motion. Chair Zimpher called for discussion and the vote. Affirmed X Denied 4. Case REP Teamsters Local #348 and Portage County Clerk of Courts The Employee Organization filed an amended Petition for Representation Election. The Employer responded by filing objections. The Employee Organization has now filed a letter withdrawing the petition. Vice Chair Spada moved that the Board construe the Employee Organization's letter as a motion to withdraw, grant the motion, and dismiss without prejudice the Petition for Representation Election. Board Member Brundige seconded the motion. Chair Zimpher called for Affirmed X Denied 5. Case 2011-REP Fraternal Order of Police. Ohio Labor Council. Inc. and Monroe County Sheriff

5 Page 5 of Case 2011-REP Beavercreek Professional Fire Fighters IAFF Local 2857 and Beavercreek TownshiP, Greene County The Employee Organizations filed Requests for Recognition. The substantial evidence is sufficient. No objections have been filed. The Employers have complied with the posting requirements. Board Member Brundige moved that the Board certify the Employee Organizations as the exclusive representative of all employees in the relevant bargaining unit. Vice Chair Spada seconded the motion. Chair Zimpher called for Affirmed X Denied 7. Case 2011-REP Teamsters Local 377 and Beaver Township, Mahoning County The Employee Organization has filed a Petition for Representation Election. The Employer has responded by filing objections. A conference call has been conducted. In response to the Employer's willingness to voluntarily recognize the Employee Organization, the Employee Organization has filed a Request for Recognition. The substantial evidence is sufficient. No objections have been filed to the request. The Employer has complied with the posting requirements. Vice Chair Spada moved that the Board certify the Employee Organization as the exclusive representative of all employees in the bargaining unit subject to the Request for Recognition, and dismiss the Petition for Representation Election as moot. Board Member Brundige seconded the motion. Chair Zimpher called for discussion and the vote. Affirmed X Denied 8. Case 2011-REP Case 2011-REP Napoleon Fire Fighters, IAFF Local 3363 and City of Napoleon Ohio Council 8, American Federation of State, County and Municipal Employees. AFL-CIO and City of Green The parties jointly filed Petitions for Amendment of Certification. The proposed amendments appear appropriate. Board Member Brundige moved that the Board approve the jointly filed petitions and amend the units accordingly. Vice Chair Spada seconded the motion. Chair Zimpher called for

6 Page 6 of Cases REP REP Hocking Technical Association/OEA/NEA College College Education and Hocking Technical The Employee Organization filed a Petition for Amendment of Certification in Case 2010-REP The Employer responded by filing objections. Several conference calls have been conducted; and as a result of mediation by the Representation Section, the Employee Organization filed a notice of withdrawal in Case 2010-REP To resolve all issues, the parties jointly filed a Petition for Amendment of Certification in Case 2011-REP The proposed amendment appears appropriate. Vice Chair Spada moved that the Board construe the Employee Organization's Notice of Withdrawal as a motion to dismiss, grant the motion, and dismiss without prejudice the Petition for Amendment of Certification in Case 2010-REP ; and in Case REP , approve the jointly filed petition and amend the unit accordingly. Board Member Brundige seconded the motion. Chair Zimpher called for discussion and the vote. 11. Case REP Teamsters Local Union No. 637 and Fraternal Order of Police, Ohio Labor Council. Inc. and Jackson Police Department (Patrol Officers) There were 10 valid ballots cast There were 0 void ballots There were 0 challenged ballots No Representative received 0 votes Fraternal Order of Police, Ohio Labor Council, Inc. received 1 vote Teamsters Local Union No. 637 received 9 votes and prevailed in this election. 12. Case 2010-REP Teamsters Local Union No. 637 and Fraternal Order of Police. Ohio Labor Council. Inc. and Jackson Police Department (Sergeants) There were 4 valid ballots cast There were 0 void ballots There were 0 challenged ballots No Representative received 0 votes Fraternal Order of Police, Ohio Labor Council, Inc. received 0 votes Teamsters Local Union No. 637 received 4 votes and prevailed in this election.

7 Page 7 of Case REP Teamsters Local Union No. 637 and Fraternal Order of Police. Ohio Labor Council, Inc. and Jackson Police Department (Dispatchers) There were 6 valid ballots cast There were 0 void ballots There were 0 challenged ballots No Representative received 0 votes Fraternal Order of Police, Ohio Labor Council, Inc. received 1 vote Teamsters Local Union No. 637 received 5 votes and prevailed in this election. 14. Case 2010-REP Wayne County Highway Workers Association and Wayne County Engineer There were 22 valid ballots cast There was 1 void ballot There were 0 challenged ballots No Representative received 2 votes Wayne County Highway Workers Association received 20 votes and prevailed in this election. 15. Case 2010-REP (Unit 3) Ohio Patrolmen's Benevolent Association and Hinckley Township Safety Forces Union and Hinckley Township. Medina County (Dispatchers)(Run-off Election) There was 1 valid ballot cast There were 0 void ballots There were 0 challenged ballots No Representative received 0 votes Hinckley Township Safety Forces Union received 0 votes Ohio Patrolmen's Benevolent Association received 1 vote and prevailed in this election.

8 Page 8 of Case 2010-REP Ohio Patrolmen's Benevolent Association and Fraternal Order of Police. Ohio Labor Council, Inc. and Williams County Sheriff (Sergeants)(Run-off Election) There were 3 valid ballots cast There were 0 void ballots There were 0 challenged ballots Fraternal Order of Police, Ohio Labor Council, Inc. received 1 vote Ohio Patrolmen's Benevolent Association received 2 votes and prevailed in this election. Board Member Brundige moved that the Board certify the election results and certify each prevailing employee organization as the exclusive representative of all employees in the relevant bargaining unit. Vice Chair Spada seconded the motion. Chair Zimpher called for 17. Case 2011-REP Fraternal Order of Police. Ohio Labor Council. Inc. and City of Worthington (May 19, June 1, 2011) All parties have executed and have filed the appropriate Consent Election Agreement seeking a mail-ballot election. Vice Chair Spada moved that the Board approve the Consent Election Agreement and direct a mail ballot-election to be conducted during the polling period of May 19, 2011 through June 1, Board Member Brundige seconded the motion. Chair Zimpher called for

9 Page 9 of 18 IV. ADMINISTRATIVE LAW JUDGE RECOMMENDATIONS AT ISSUE: 1. Case 2010-ULP SERB v. City of Toledo On May 3, 2010, the Intervenor filed an unfair labor practice charge against the Respondent, alleging that the Respondent had violated Ohio Revised Code {A)(1) and (A)(5). On June 3, 2010, the State Employment Relations Board determined that probable cause existed to believe that the Respondent had committed or was committing an unfair labor practice in violation of Ohio Revised Code (A)(1) and (A)(5), authorized the issuance of a Complaint, and referred the matter to an expedited hearing. A hearing was held before the full Board on January 24, The parties simultaneously filed post-hearing briefs and reply briefs. Vice Chair Spada moved that the Board issue an Opinion with supporting Findings of Fact and Conclusions of Law, finding that the Respondent did not violate Ohio Revised Code (A)(1) and (A)(5) when it unilaterally increased the health-care premiums for members of the Toledo Police Command Officers' Association and rescinded Respondent's 10% payment into the Toledo Police Command Officers' Association's pension fund, dismiss the complaint, and dismiss with prejudice the unfair labor practice charge. Board Member Brundige seconded the motion. Chair Zimpher called for Vote: BRUNDIGE: No SPADA: Yes ZIMPHER: Yes Affirmed X Denied 2. Case 2009-ULP International Brotherhood of Teamsters Local 1 00 v. Hamilton County Department of Job and Family Services Charging Party filed an unfair labor practice charge against Charged Party. The Board found probable cause to believe an unfair labor practice has been committed, directed the parties to ULP mediation, and, if mediation was unsuccessful, authorized the issuance of a complaint, and referred the matter to hearing to determine if Charged Party violated Ohio Revised Code (A)(5), but not (1 ), by unilaterally assigning bargaining-unit work to nonbargaining-unit employees which resulted in the erosion of the bargaining unit. The Board also denied Charged Party's motion to defer to arbitration. On April 21, 2011, the ULP mediation was conducted. The matter was not resolved. On April 22, 2011, Charged Party filed a motion for reconsideration of the finding of probable cause. Ohio Administrative Code Rule (E) provides: "Motions for reconsideration may be filed with the board no later than forty-five days after the issuance of the board's final ruling." A finding of probable cause is not a "final ruling" by the Board. Consequently, the motion for reconsideration should be denied.

10 Page 10 of 18 Board Member Brundige moved that the Board, pursuant to Ohio Administrative Code Rule (E), deny Charged Party's motion for reconsideration. Vice Chair Spada seconded the motion. Chair Zimpher called for Affirmed X Denied 3. Cases 2010-REP REP Fraternal Order of Police, Ohio Labor Council. Inc. and Goshen Township Trustees, Clermont County Goshen Township Police Association and Goshen Township Trustees, Clermont County In Case 2010-REP , the Fraternal Order of Police, Ohio Labor Council, Inc. ("FOP/OLC") filed an amended Request for Recognition, seeking to represent certain employees of the Employer. The Employer responded by filing an amended Petition for Representation Election and objections, stating that it had a good-faith doubt that the employees in question wished to be represented by FOP/OLC and that the proposed bargaining unit was not properly defined. In Case 2010-REP , the Goshen Township Police Association ("the GTPA") filed a Petition for Representation Election seeking to represent the same employees of the Employer. The Employer responded by filing a motion to dismiss, maintaining that the GTPA should have filed a timely motion to intervene in Case 2010-REP pursuant to Ohio Administrative Code Rules (B) and (E). The Employer also filed a motion to consolidate the two above-referenced cases. The Association filed a memorandum in opposition to the Employer's motion to dismiss, requesting that the Board deny the Employer's motion to dismiss because the GTPA had not violated the statute by filing the petition in Case 2010-REP instead of a motion to intervene in Case 2010-REP On February 18, 2011, the Board directed Cases REP and REP to a non-oral hearing with the parties providing legal briefs on the following issues: (1) whether the Board has authority under Ohio Revised Code to grant the motion to dismiss and whether to do so would follow Ohio Revised Code ; (2) whether the Board should grant the motion to consolidate the cases and whether to do so would follow Ohio Revised Code ; (3) whether the Board has authority under Ohio Revised Code to hold separate elections and whether to do so would follow Ohio Revised Code ; and (4)whether the Board has authority under Ohio Revised Code to hold one combined election and whether to do so would follow Ohio Revised Code Ohio Revised Code (C) provides in relevant part as follows:

11 Page 11 of 18 (C) The board shall conduct representation elections by secret ballot cast, at the board's discretion, by mail or electronically or in person, and at times and places selected by the board subject to the following: (6) The board may not conduct an election under this section in any appropriate bargaining unit within which a board-conducted election was held in the preceding twelve-month period, nor during the term of any lawful collective bargaining agreement between a public employer and an exclusive representative. The foregoing statutory section provides the only two statutory grounds to prevent an election: election bar and contract bar. In the matter before the Board, the Employer does not have a collective bargaining agreement with the proposed bargaining unit. An election has not been held, either. Hence, the Board is without statutory authority to deny an election [or elections] for FOP/OLC and/or the GTPA. FOP/OLC and the Employer seek to exclude the GTPA from an election by arguing the GTPA's failure to intervene in Case 2010-REP Ohio Administrative Code Rule (B) provides as follows: Intervention by an employee organization in a representation or decertification election must be filed in writing and supported by evidence that at least ten per cent of the employees in the unit wish to be represented by the intervenor. Evidence shall conform to the requirements of paragraph (A)(6) of rule of the Administrative Code. Such intervention will be permitted only if the motion to intervene is filed by the date specified by the board in its official "Notice to Employees." The GTPA did not file a motion to intervene in Case 2010-REP Consequently, the GTPA was not entitled to intervention in that case. But intervention was not the only avenue available to the GTPA. Instead of the 10% requirement for intervention, the GTPA could, and did, file a Petition for Representation Election along with the greater showing of interest (30%). [Likewise, FOP/OLC did not file a motion to intervene in Case No REP and would not be entitled to intervention if the election were held in that case only]. SERB must carry out all of tl;le election provisions of Ohio Revised Code and , as well as the mandate of Ohio Revised Code to liberally construe Ohio Revised Code Chapter 4117 "for the accomplishment of the purpose of promoting orderly and constructive relationships between all public employers and their employees." The only way to meet these statutory requirements and to provide the public employees with the right to vote for the petitioning employee organization of their choosing or "No Representative" is to consolidate the two petitions into one election. The choices on the ballot will be FOP/OLC, the GTPA, and "No Representative."

12 Page 12 of 18 Vice Chair Spada moved that the Board grant the Employer's motion to consolidate filed October 21, 2010, and direct an election by mail ballot in the proposed bargaining unit, with both employee organizations and "No Representative" appearing on the ballot, during a polling period to be established by the Representation Section in consultation with the parties, as soon as administratively feasible. Board Member Brundige seconded the motion. Chair Zimpher called for V. UNFAIR LABOR PRACTICE CHARGE MATTERS AT ISSUE: 1. Case 2011-ULP Tri-Valley Education Association, OEA/NEA and Susan Moore v. Tri-Valley Local School District Board of Education Charging Party alleged that Charged Party violated Ohio Revised Code (A)(1 ), (2), and (3) by retaliating against Susan Moore for her exercise of guaranteed rights when her Union leave was denied. Information gathered during the investigation revealed that the Superintendent's Jetter to Ms. Moore and Mr. Lanning did not appear to rise to the level of a statutory violation. Charging Party did not establish a prima facie case of discrimination. Charged Party provided a persuasive rebuttal to show the denial was based on Ms. Moore's previous attendance and not for any protected activity, since the three remaining officers' Union leave was approved. Accordingly, the charge is dismissed with prejudice. Board Member Brundige moved that the Board dismiss the charge with prejudice as untimely filed. Vice Chair Spada seconded the motion. Chair Zimpher called for 2. Case 2011-ULP Arthur J. Henderson. Jr. v. Ohio Council 8, American Federation of State, County and Municipal Employees, Local 101, AFL-CJO Charging Party alleges that Charged Party violated Ohio Revised Code (B)(6) by failing to take his termination grievance to arbitration. Information gathered during the investigation reveals that Charging Party did not provide any information or documentation to show how Charged Party's actions were arbitrary, discriminatory, or in bad faith when it did not take his grievance to arbitration. Charged Party appears to have taken the basic and required steps in its representation of Charging Party. Accordingly, the charge is dismissed with prejudice. Vice Chair Spada moved that the Board dismiss the charge with prejudice for Jack of probable cause to believe that an unfair labor practice has been committed by Charged Party. Board Member Brundige seconded the motion. Chair Zimpher called for

13 Page 13 of Case 2011-ULP Arthur J. Henderson. Jr. v. Davton Metropolitan Housing Authority Charging Party alleged that Charged Party violated Ohio Revised Code (A)(3) by unjustly terminating him. Information gathered during the investigation revealed that, based on Charging Party's October 26, 2010 termination date, the charge was untimely filed. Charging Party did not provide any information or documentation to toll the statute of limitations. Accordingly, the charge is dismissed with prejudice as untimely filed. Board Member Brundige moved that the Board dismiss the charge with prejudice as untimely filed. Vice Chair Spada seconded the motion. Chair Zimpher called for Affirmed X Denied 4. Case 2011-ULP Fraternal Order of Police. Lodge #48 and Fraternal Order of Police. Ohio Labor Council. Inc. v. City of Fairborn Charging Party alleges that Charged Party violated Ohio Revised Code (A)(1) and (5) by unilaterally eliminating the basic and buy-up health insurance plans. Information gathered during the investigation reveals the Insurance articles contained in the parties' agreement only reference the benefit year, and the February 25, 2010 side agreement only references the benefit year. The May 27, 2010 side agreement was by understanding, incorporated into the interpretation of the parties' Insurance articles. If Charged Party felt Charged Party had violated the May 27 1 " agreement, Charged Party had the option to file a grievance, but did not. The grievance was filed by an individual. Charging Party did not provide sufficient information or documentation to support the Ohio Revised Code (A)(1) allegation. Vice Chair Spada moved that the Board dismiss the charge with prejudice for lack of probable cause to believe that an unfair labor practice has been committed by Charged Party, and deny Charged Party's Motion to Defer as moot. Board Member Brundige seconded the motion. Chair Zimpher called for 5. Case 2011-ULP Ohio Federation of Teachers v. Beachwood City School District Board of Education OFT alleges that the School District violated Ohio Revised Code (A)(3), (4), and (5) by assigning bargaining-unit work to nonbargaining-unit employees. The investigation reveals that the School District is assigning bargaining unit work to bus drivers not employed by CBS. The timing of the School District's actions creates a reasonable inference that the decision to employ CBS to manage the Bus Drivers and Mechanics was in response to OFT's exercise of guaranteed rights.

14 Page 14 of 18 Board Member Brundige moved that the Board find probable cause to believe an unfair labor practice has been committed, order the parties immediately to ULP mediation for a period not to exceed 45 days, authorize the assigned mediator, after consultation with the parties, to issue and a mediator's procedural order, including date, time, and location of mediation within the time period designated. If the mediation is unsuccessful, authorize the issuance of a complaint and refer the matter to hearing to determine if Charged Party violated Ohio Revised Code (A)(3), (4), and (5) by assigning bargaining-unit work to nonbargaining-unit employees. Vice Chair Spada seconded the motion. Chair Zimpher called for 6. Case 2011-ULP Hugh P. Gaughan v. Cleveland Municipal School District Board of Education Charging Party alleges that the School District violated Ohio Revised Code (A)(1), (6), and (7) by failing to discipline a fellow employee for submitting a false report against him. Information provided by Charging Party does not support an Ohio Revised Code (A)(1 ), (6), and (7) allegation. The question as to whether the School District disciplined another employee because the employee allegedly violated the collective bargaining agreement does not rise to a violation of the statute. Vice Chair Spada moved that the Board dismiss the charge with prejudice for lack of probable cause to believe that an unfair labor practice has been committed by Charged Party. Board Member Brundige seconded the motion. Chair Zimpher called for 7. Case 2011-ULP United Steelworkers of America v. City of Reynoldsburg The Union alleges that the City violated Ohio Revised Code (A)(1) and (5) by bargaining in bad faith. The investigation reveals that the City's actions were in compliance with the Statute when its City Council acted on the tentative agreement. Despite the fact that a tentative agreement was reached during negotiations, the City's legislative body had the right to vote it down. Board Member Brundige moved that the Board dismiss the charge with prejudice for lack of probable cause to believe that an unfair labor practice has been committed by Charged Party. Vice Chair Spada seconded the motion. Chair Zimpher called for

15 Page 15 of Case 2010-ULP International Brotherhood of Teamsters, Local436 v. City of Munroe Falls Vice Chair Spada moved that the Board postpone this matter to the May 12, 2011 Board Meeting. Board Member Brundige seconded the motion. Chair Zimpher called for 9. Case 2010-ULP Strongsville City School District Board of Education v. Strongsville Education Association. OEA/NEA and Fred Dillon Charging Party filed a timely Motion for Reconsideration and has now filed a Motion to Withdraw the unfair labor practice charge. Board Member Brundige moved that the Board grant Charging Party's Motion to Withdraw the unfair labor practice charge, and deny the Motion for Reconsideration as moot. Vice Chair Spada seconded the motion. Chair Zimpher called for discussion and the vote. 10. Case 2010-ULP Fern Johnson v. State of Ohio, Department of Rehabilitation and Correction and Tonya Ellis Charging Party alleges that Charged Party violated Ohio Revised Code (A}(4) and (B)(4) by retaliating against Charging Party for her participation in a labormanagement meeting with a co-worker. Information gathered during the investigation reveals that Charging Party was harmed when she was issued a corrective counseling. Charging Party has not provided any information to show that the corrective counseling was the resu~ of any protected activity. It also appears the charge is untimely filed. Charging Party has filed a grievance regarding her complaint with Charged Party, and the grievance is now at Step 4. The Ohio Revised Code (B)(4) allegation is not appropriately filed against Charged Party. Vice Chair Spada moved that the Board dismiss the charge with prejudice for lack of probable cause to believe that an unfair labor practice has been committed by Charged Party, and as untimely filed. Board Member Brundige seconded the motion. Chair Zimpher called for

16 Page 16 of Case 2011-ULP Thelma Sealey v. Cuyahoga County Board of Mental Development Disability Charging Party alleges that Charged Party violated Ohio Revised Code (A)(5) by terminating her employment without proper union representation. It appears that the charge is untimely filed. Charging Party did not provide any information to toll the statute of limitations. Board Member Brundige moved that the Board dismiss the charge with prejudice as untimely filed. Vice Chair Spada seconded the motion. Chair Zimpher called for Affirmed X Denied 12. Case 2011-ULP Case 2011-ULP Case 2011-ULP Ohio Association of Public School Employees, AFSCME Local 4, AFL-CIO and Its Local 564 v. Beaver Local School District Board of Education Winn C. Brown v. Greater Dav1on Regional Transit Authority Wapakoneta Classified Association, OEA/NEA v. Wapakoneta City School District Board of Education Board Member Brundige moved that the Board construe the settlement and letter to withdrawal as motions to withdraw the unfair labor practice charges, and grant the motions with prejudice. Vice Chair Spada seconded the motion. Chair Zimpher called for Vote: BRUNDIGE: Yes SPADA: Affirmed X Yes ZIMPHER: Yes Denied VI. TABLED AND OTHER MATTERS: 1. Case 2010-REP Cases 2011-ULP ULP ULP Fraternal Order of Police. Ohio Labor Council, Inc. and Miami Township Trustees. Clermont County Tabled- February 18, 2011 City of Fostoria v. Ohio Patrolmen's Benevolent Association City of Fostoria v. Ohio Patrolmen's Benevolent Association and Justin Kiser City of Fostoria v. International Association of Firefighters

17 Page 17 of ULP ULP ULP ULP Case REP City of Fostoria v. Ohio Patrolmen's Benevolent Association and Brandon Bell City of Fostoria v. Ohio Patrolmen's Benevolent Association and Corv Brian City of Fostoria v. International Association of Firefighters, Local 325 and Chapter President Jason Root City of Fostoria v. International Association of Firefighters. Local 325 and Warren Digby Tabled- March 17, 2011 Ohio Council 8. American Federation of State. County and Municipal Employees, AFL-CIO and Tuscarawas County Engineer Tabled- March 31, 2011 VII. ADMINISTRATIVE MATTERS: Executive Director Sherrie Passmore reported on Administrative Matters: Administrative Professionals Week. The Board expressed its continuing appreciation for the professionalism and excellent service provided by its administrative staff. Budget. The Governor's final FY recommendations for SERB were received from OBM in March. The Senate will be conducting budget hearings. Chairperson Zimpher is scheduled to testify on SERB's Budget before the Senate Finance Committee on May 4, Training SERB will be partnering with the Federal Mediation and Conciliation Service and the Central Ohio Labor and Employment Relations Association to host an Arbitrator/Advocate symposium on May 13 and 14, Staff. After nearly 27 years with SERB, Administrative Assistant Sandy Iversen retired on Friday, April 15 1 h. SERB's new Executive Director, Christine Dietsch, began on April 25th. Sherrie Passmore will be working with Christine this week and next to transition the Executive Director duties. Sherrie's last day will be May 6 1 h Charity. The Operation Feed Campaign continues through the end of May. Barb Kelly is coordinating the campaign for SERB. Please see Barb if you would like to make a donation. At the end of the campaign all donations will be sent to the Mid-Ohio Foodbank.

18 Page 18 of 18 VII. EXECUTIVE SESSION: Vice Chair Spada moved that the Board go into executive session, pursuant to Ohio Revised Code (G)(3), to confer with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action. Board Member Brundige seconded the motion. Chair Zimpher called for the vote. ROLL-CALL VOTE: Time In: 10:33 A.M. Board Member Brundige moved that the Board exit from Executive Session. Vice Chair Spada seconded the motion. Chair Zimpher called for the vote. ROLL-CALL VOTE: TimeOut: 10:50A.M. IX. ADJOURNMENT: Vice Chair Spada moved that the Board adjourn the meeting. Board Member Brundige seconded the motion. Chair Zimpher called for the vote. The Board meeting adjourned at 10:51 A.M.