4117-5-11. Certification of the results of the election

(A) After resolution of challenges and objections, unless another election is to be held, the board shall issue to the parties a certification in accordance with the results of the election.

(B) The board may also certify an employee organization as an exclusive representative if it determines that a free and untrammeled election cannot be conducted because of the employer's unfair labor practices and that at one time the employee organization had the support of the majority of the employees in the unit.

(C) Certification is effective and the employee organization assumes its official status as the exclusive representative on the date that the board votes to certify the election results. Certification shall constitute a bar to a petition for a representation election for a period of one year from the date on which the board votes. The one-year period may be tolled by litigation, bad faith bargaining, or other equitable reasons.

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 , 4117.07
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987

Prior History: (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 , 4117.07
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87)