Too often, union representatives celebrate winning an unfair labor practice case only to feel deflated when the employer's only consequence seems to be posting a piece of paper on a bulletin board. What many don't realize is that Ohio's State Employment Relations Board wields extensive remedial powers that extend far beyond the ubiquitous sixty-day posting requirement. Knowing how to seek and enforce these comprehensive remedies transforms paper victories into tangible improvements in workers' lives.

More Than Words on a Wall

The sixty-day posting requirement appears in virtually every SERB unfair labor practice decision, leading some to dismiss it as meaningless. Yet when employers must publicly admit wrongdoing in every break room and on every bulletin board, it validates workers' experiences and demonstrates that violations have consequences.

These notices must appear wherever employees normally receive communications—including email systems and electronic message boards in today's digital workplaces. Smart unions photograph postings immediately and monitor compliance throughout the required period, as premature removal violates SERB's order.

While posting notices establishes a public record, it's just the beginning. SERB possesses authority to craft remedies that restore losses, reverse changes, and rebuild damaged labor relations.

Financial Justice Through Back Pay

When employers unlawfully terminate or demote employees, SERB mandates complete financial restoration. Back pay awards calculate all lost earnings from violation through reinstatement—base wages, overtime opportunities, shift differentials, bonuses, health insurance value, and pension contributions.

Interest accrues on these awards, recognizing the time value of money. While employees must seek comparable work while awaiting reinstatement, employers bear the burden of proving failure to mitigate. Union representatives should advise affected members to document every job search effort to protect their awards.

Reversing Unilateral Changes

Unilateral changes to working conditions trigger restoration remedies that completely reverse implemented changes. When employers alter schedules, eliminate benefits, or modify work rules without bargaining, SERB doesn't just order future negotiations—it mandates returning to the previous status quo.

If an employer eliminates paid lunch breaks without negotiating, SERB requires immediately reinstating paid breaks and compensating employees for all break time lost. Physical workspace changes might require literal restoration to original locations. Work assignments transferred outside the bargaining unit must return.

Rebuilding Eroded Units

When positions are improperly removed from bargaining units, SERB orders their immediate return with full retroactive application of the collective bargaining agreement. Affected employees receive any wage increases, benefits improvements, or other advantages they missed while excluded.

Work that migrated outside the unit during improper exclusions must return. These remedies ensure employers gain nothing from attempting to erode bargaining units through creative reclassifications or reorganizations.

Compelling Real Bargaining

Refusal to bargain violations trigger mandatory negotiation orders—legal commands with enforcement mechanisms for non-compliance. These orders often include timeline requirements and information disclosure mandates that prevent employers from technically complying while practically delaying.

The scope varies from comprehensive bargaining orders covering all mandatory subjects to targeted orders addressing specific topics like safety protocols or benefit plans. Information disclosure orders frequently supplement bargaining mandates, leveling the playing field for meaningful negotiations.

Erasing Unlawful Discipline

Unlawful disciplinary actions require complete expungement from all records. SERB orders wholesale removal from personnel files, computer systems, and any other documentation. Progressive discipline systems reset as if the unlawful action never occurred.

This erasure ensures no trace remains that could affect future employment decisions or reference checks. Simply marking records as "rescinded" doesn't suffice—documents must disappear entirely.

Creative Remedies for Unique Violations

SERB's authority allows tailored solutions for specific circumstances:

Access remedies granting unions facility usage rights beyond normal parameters
Communication remedies requiring employers to correct misinformation through union mailings or meetings
Training remedies mandating supervisor education on labor rights
Neutrality requirements restricting employer communications during future organizing

Ensuring Compliance

SERB orders require written compliance reports within twenty days, detailing specific actions taken for each requirement. False or incomplete reports support contempt proceedings and additional charges.

Unions should request copies of all compliance reports and verify accuracy through independent investigation—visiting worksites, interviewing employees, and reviewing records. When employers fail to comply, enforcement options include:

Administrative enforcement through SERB contempt proceedings
Judicial enforcement with civil contempt sanctions and daily fines
Political pressure through public exposure of non-compliance
Additional unfair labor practice charges creating cascading liability

Strategic Remedy Planning

Effective remedy requests begin during case investigation. Document all harm meticulously—lost wages, changed schedules, affected employees. Include all impacted workers in remedy requests, not just those who testified.

Think beyond immediate restoration. For repeat violators, seek prospective remedies like mandatory training or enhanced union access rights that address systemic problems. Frame violations broadly when seeking expansive relief.

Maximizing Your Recovery

Success requires strategic advocacy throughout the process:

Quantify everything possible. Specific numbers generate specific remedies. Calculate losses precisely and track every affected employee systematically.

Propose detailed remedy language in post-hearing briefs. Don't leave SERB guessing—provide proposed order language addressing every violation aspect.

Resist inadequate settlements. Quick settlements providing minimal relief often enable continued violations. Hold out for meaningful remedies that actually solve problems.

Monitor compliance vigilantly. Document failures immediately and pursue enforcement aggressively. The best order means nothing without enforcement.

Conclusion: Claiming Complete Justice

The sixty-day posting requirement represents merely the starting point for SERB's remedial authority. Ohio law empowers SERB to craft comprehensive remedies that restore losses, reverse unlawful changes, and prevent future violations.

Understanding this full arsenal transforms how unions approach unfair labor practice proceedings. Every charge should seek complete justice—full compensation for losses, total reversal of unlawful changes, comprehensive restoration of violated rights.

When employers violate Ohio's collective bargaining laws, they should face meaningful consequences. Workers who lost wages should receive every penny with interest. Employees who faced retaliation should see their records cleaned. Bargaining units weakened by unlawful conduct should emerge stronger through enhanced protections.

The law provides these remedial tools because weak consequences enable continued violations. Your duty extends beyond proving violations to ensuring members receive every remedy available. Fight for comprehensive remedies that deliver real justice—your members deserve nothing less.

This blog post is for informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with a Ohio Union Labor Attorney about your specific situation.