As someone who has spent decades representing Ohio's unions before the State Employment Relations Board, I find myself increasingly concerned about a disturbing trend revealed in SERB's own 2025 Annual Report. Of 203 unfair labor practice charges filed in fiscal year 2025, SERB found probable cause in only 8 cases. That represents a mere 3.9 percent probable cause finding rate, a statistic that should alarm every union member and labor advocate in Ohio.

The Numbers Tell a Story

Let's examine what happened to those 203 charges filed by workers and their unions seeking justice under Ohio Revised Code Section 4117.11. The vast majority, 151 cases, alleged violations by public employers against their employees' collective bargaining rights. These weren't frivolous complaints; these were serious allegations brought by workers who believed their statutory rights had been violated.

Yet somehow, 102 of these charges were dismissed outright. Another 66 were withdrawn, often after workers and unions realized the futility of pursuing claims through a system that finds probable cause less than 4 percent of the time. When you add the 36 cases that were mediated (typically requiring unions to compromise their positions), you begin to see a pattern where the overwhelming majority of unfair labor practice charges never receive the full investigation and adjudication they deserve.

A System Designed to Discourage?

The probable cause threshold isn't supposed to be insurmountable. In legal terms, probable cause means there's reasonable grounds to believe a violation occurred. It's not proof beyond a reasonable doubt. It's not even preponderance of the evidence. It's simply asking whether there's enough evidence to warrant a hearing on the merits.

When SERB finds probable cause in fewer than 4 percent of cases, we have to ask whether the agency is setting the bar impossibly high. Are Labor Relations Specialists being directed to apply standards more stringent than the law requires? Is there institutional pressure to keep cases from moving forward to full hearings?

Consider the practical impact on Ohio's public sector unions. When members see these statistics, they rightfully question whether filing an unfair labor practice charge is worth the time, effort, and resources. The message seems clear: don't bother seeking redress through SERB because the odds are overwhelmingly stacked against you.

The Human Cost of Institutional Failure

Behind each dismissed charge is a worker or group of workers who believed their rights were violated. Perhaps it was a union steward disciplined for engaging in protected activity. Maybe it was an entire bargaining unit facing unilateral changes to their working conditions. Or it could have been employees prevented from discussing union matters during break time.

These workers turned to SERB, the agency specifically created to protect collective bargaining rights in Ohio's public sector. They filed detailed charges, provided documentation, participated in investigations, and waited months for resolution. In 95 percent of cases, they were told their concerns didn't even merit a hearing.

This isn't just about statistics; it's about the erosion of faith in a system meant to ensure fair labor relations in Ohio's public sector. When workers lose confidence in SERB's willingness to enforce the law, some may resort to other means of addressing grievances, potentially disrupting public services. Others simply give up, allowing violations to go unchallenged and emboldening employers who know the odds favor them.

What Needs to Change

SERB must take a hard look at its investigative process and probable cause standards. The agency should provide transparency about how probable cause determinations are made and whether investigators are being given appropriate resources and independence to conduct thorough investigations. The Board itself needs to examine whether its review process has become too deferential to employer interests.

The Ohio legislature should also investigate whether SERB has sufficient funding and staffing to properly investigate unfair labor practice charges. Rushed investigations and overworked staff could contribute to the dismally low probable cause findings. However, resources alone don't explain a 3.9 percent probable cause rate; this suggests systemic issues that go beyond simple capacity constraints.

A Call to Action

Ohio's public sector unions cannot accept this status quo. We must document every instance where meritorious charges are dismissed without probable cause findings. We need to demand legislative oversight of SERB's operations and push for reforms that ensure fair consideration of unfair labor practice charges.

The right to organize and bargain collectively means nothing if the agency charged with enforcing these rights fails to do so. SERB's 2025 Annual Report isn't just a collection of statistics; it's an indictment of an agency that appears to have lost sight of its mission to protect the collective bargaining rights of Ohio's public employees.

As union advocates, we must ask ourselves: If SERB won't stand up for workers' rights, who will? The answer must be that we will continue fighting, both to reform SERB and to protect our members' rights through every available avenue. The statistics may be discouraging, but our resolve remains unshaken. Ohio's public sector workers deserve better than a 3.9 percent chance at justice.