Ohio Revised Code|Section 4117.12 | Board to investigate charge of violation.

                                                
(A) Whoever violates section 4117.11 of the Revised Code is guilty of an unfair labor practice remediable by the state employment relations board as specified in this section. 
(B) When anyone files a charge with the board alleging that  an unfair labor practice has been committed, the board or its  designated agent shall investigate the charge. If the board has  probable cause for believing that a violation has occurred, the  board shall issue a complaint and shall conduct a hearing concerning the charge. The board shall cause the complaint to be served upon the charged party which shall contain a notice of the time at which the hearing on the complaint will be held either before the board, a board member, or an  administrative law judge.  The board may not issue a notice of  hearing based upon any unfair labor practice occurring more than  ninety days prior to the filing of the charge with the board,  unless the person aggrieved thereby is prevented from filing the  charge by reason of service in the armed forces, in which event  the ninety-day period shall be computed from the day of the  person's discharge. If the board dismisses a complaint as  frivolous, it shall assess costs to the complainant pursuant to  its standards governing such matters, and for that purpose, the  board shall adopt a rule defining the standards by which the board  will declare a complaint to be frivolous and the costs that will  be assessed accordingly.
(1) The board, board member, or  administrative law judge  shall hold a hearing on the charge within  ten days after service  of the complaint. The board may amend a  complaint, upon receipt  of a notice from the charging party, at  any time prior to the  close of the hearing, and the charged party  shall within ten days  from receipt of the complaint or amendment  to the complaint, file  an answer to the complaint or amendment to  the complaint. The charged party may file an answer to an original  or amended complaint. The agents of the board and the person  charged are parties and may appear or otherwise give evidence at  the hearing. At the discretion of the board, board member, or   administrative  law judge, any interested party may  intervene and present  evidence at the hearing. The board, board  member, or  administrative law judge is not bound  by the rules of evidence  prevailing in the courts.
(2) A board member or administrative law  judge who conducts  the hearing shall reduce the evidence taken to  writing and file  it with the board. The board member or the   administrative law  judge may thereafter take  further evidence or hear further  argument if notice is given to  all interested parties. The  administrative law  judge or board member shall issue to the  parties a proposed  decision, together with a recommended order  and file it with the  board. If the parties file no exceptions  within twenty days after  service thereof, the recommended order  becomes the order of the  board effective as therein prescribed.  If the parties file  exceptions to the proposed report, the board  shall determine  whether substantial issues have been raised. The  board may rescind  or modify the proposed order of the board  member or administrative law judge; however, if the board  determines  that the exceptions do not raise substantial issues of  fact or  law, it may refuse to grant review, and the recommended  order  becomes effective as therein prescribed.
(3) If upon the preponderance of the evidence taken, the board believes that any person named in the complaint has engaged in any unfair labor practice, the board shall state its findings of fact and issue and cause to be served on the person an order requiring that the person 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 upon a preponderance of the evidence taken, the board believes that the person named in the complaint has not engaged in an unfair labor practice it shall state its findings of fact and issue an order dismissing the complaint.
(4) The board may order the public employer to reinstate the  public employee and further may order either the public employer  or the employee organization, depending on who was responsible for  the discrimination suffered by the public employee, to make such  payment of back pay to the public employee as the board  determines. No order of the board shall require the reinstatement  of any individual as an employee who has been suspended or  discharged, or require the payment to the employee of any back  pay, if the suspension or discharge was for just cause not related  to rights provided in section 4117.03 of the Revised Code and the  procedure contained in the collective bargaining agreement  governing suspension or discharge was followed. The order of the  board may require the party against whom the order is issued to  make periodic reports showing the extent to which  the party has  complied with the order.
(C) Whenever a complaint alleges that a person has engaged in  an unfair labor practice and that the complainant will suffer substantial and irreparable injury if not granted temporary relief, the board may petition the court of common pleas for any county wherein the alleged unfair labor practice in question occurs, or wherein any person charged with the commission of any unfair labor practice resides or transacts business for appropriate injunctive relief, pending the final adjudication by the board with respect to the matter. Upon the filing of any petition, the court shall cause notice thereof to be served upon the parties, and thereupon has jurisdiction to grant the temporary  relief or restraining order it considers just and proper.
(D) Until the record in a case is filed in a court, as specified in Chapter 4117. of the Revised Code, the board may at any time upon reasonable notice and in a manner it considers proper, modify or set aside, in whole or in part, any finding or order made or issued by it.