When public employers violate the rights guaranteed under Ohio's collective bargaining law, employees and their unions have powerful remedies available through the State Employment Relations Board (SERB). Understanding these remedies helps unions advocate effectively for their members and ensures employers face meaningful consequences for unlawful conduct.

SERB's Broad Remedial Powers

Ohio Revised Code Section 4117.12 empowers SERB with expansive authority to remedy unfair labor practices. When SERB finds an employer has violated the law, it must issue cease and desist orders and can impose "such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of Chapter 4117."

This broad statutory language allows SERB to craft remedies tailored to specific violations, aiming to restore what would have existed absent the unlawful conduct while deterring future violations. SERB bases its determinations on a preponderance of the evidence standard, meaning the party with stronger evidence prevails.

Remedies for Interference with Employee Rights

Public employers violating R.C. 4117.11(A)(1) by interfering with, restraining, or coercing employees in exercising their Chapter 4117 rights face several standard remedies. The foundation of any remedy is a cease and desist order explicitly directing the employer to stop the unlawful conduct. This order carries legal weight—violations can result in additional penalties and enforcement actions.

SERB typically requires employers to post a notice for sixty days in conspicuous locations where bargaining unit employees work. This SERB-provided notice serves multiple purposes: informing employees that the employer's action was unlawful and will cease, acknowledging the validity of the charging party's position, and providing the employer an opportunity to publicly commit to future compliance. For instance, when an employer threatened discipline for filing grievances, SERB ordered both cessation of threats and notice posting to reassure employees of their protected rights.

When interference involves unlawfully changing employment terms or conditions, SERB often orders restoration of the status quo ante—returning to conditions existing before the violation. This might include rescinding unilateral changes, restoring work assignments or schedules, reinstating policies, or restoring paid breaks. The goal is making parties whole by returning them to positions they would have occupied without the unlawful conduct.

Making Employees Whole for Discrimination

Among the most serious violations are those involving discrimination based on protected activity. Public employers cannot discriminate in hiring, tenure, or employment conditions because employees exercised Chapter 4117 rights. They also cannot discharge or discriminate against employees for filing charges or giving testimony in SERB proceedings.

When discrimination occurs through unlawful discipline, layoff, or termination, SERB's remedies focus on making affected employees whole. Reinstatement stands as a primary remedy, returning wrongfully terminated employees to their positions. However, SERB cannot require reinstatement if the employer proves just cause unrelated to protected rights and followed contractual procedures. In one case, SERB ordered reinstatement for employees unlawfully terminated after a representation petition was filed, demonstrating how timing can reveal discriminatory intent.

Back pay accompanies reinstatement orders, compensating employees for wages lost from the discrimination date until the reinstatement offer. SERB may also award interest on back pay amounts, recognizing the time value of money. Beyond wages, employees receive compensation for lost benefits including seniority accrual, pension contributions, and other benefits they would have earned.

SERB frequently orders expungement of discriminatory disciplinary actions or evaluations from personnel files, removing the taint of unlawful employer actions. In cases where discriminatory work assignment changes caused income loss, SERB can order restoration of original assignments plus back pay for lost earnings.

Protecting Union Formation and Fair Elections

Employer interference with union formation or administration violates both organizational and individual employee rights. When employer conduct taints representation elections—through making numerous changes during campaigns or communicating biased information—SERB may set aside results and order rerun elections. The goal is restoring "laboratory conditions" necessary for employees' free choice.

To level the playing field before rerun elections, SERB sometimes orders employers to provide union access for meeting with employees during non-work time. This remedy counteracts advantages employers gain through constant workplace access to employees.

Enforcing the Duty to Bargain

Employer refusals to bargain collectively violate fundamental employee rights. While unions typically file these charges, the violations directly impact employees' ability to improve workplace conditions through collective action. Standard remedies include ordering employers to cease refusing to bargain and engage in good faith negotiations.

When refusal to bargain involves unilateral changes to mandatory subjects—wages, hours, or working conditions—SERB typically orders restoration of previous conditions plus bargaining over proposed changes or their effects. This prevents employers from circumventing bargaining obligations through fait accompli tactics.

Addressing Systemic Grievance Processing Failures

Establishing patterns of repeated failures to timely process grievances constitutes an unfair labor practice undermining a crucial employee right. Remedies address both past violations and future compliance, such as ordering employers to immediately schedule and arbitrate delayed grievances while establishing systems preventing future delays.

The Path from Violation to Remedy

Understanding the procedural timeline helps unions protect their members' rights. Charges must generally be filed within ninety days of the alleged violation—a critical deadline that, if missed, can forfeit remedies. After investigating and finding probable cause, SERB issues a complaint triggering formal proceedings.

Following hearings before administrative law judges or board members, proposed orders issue. Parties may file exceptions before SERB reviews the complete record and issues final orders. These orders become appealable to common pleas courts within fifteen days of mailing—another crucial deadline requiring prompt action.

SERB may also seek injunctive relief through courts when complainants face substantial and irreparable injury, providing immediate protection while cases proceed. Employers must notify SERB in writing about compliance steps taken, ensuring remedies achieve their intended effects.

Strategic Implications for Ohio Unions

These comprehensive remedies provide powerful tools for protecting employee rights and maintaining collective bargaining integrity. For unions, understanding available remedies helps in counseling members, documenting violations, and pursuing charges strategically. The breadth of SERB's authority—from ordering reinstatement and back pay to setting aside tainted elections—demonstrates Ohio's commitment to meaningful collective bargaining rights.

Remedies serve both corrective and deterrent functions. By making employees whole for past harm while requiring public compliance commitments, SERB's orders aim to change employer behavior permanently. This comprehensive approach ensures that statutory rights remain meaningful rather than merely theoretical.

Whether facing ongoing violations or past discrimination, Ohio public employees and their unions possess significant remedial options through SERB. Understanding these remedies empowers effective advocacy and helps ensure public employers fulfill their legal obligations under Chapter 4117.

Ohio Labor Union Attorneys