When the State Employment Relations Board (SERB) issues an unfavorable decision, the fight isn't necessarily over. Ohio law provides specific pathways for unions and employers to challenge SERB orders and directives through the court system. Understanding these appeal rights—and their strict requirements—can mean the difference between accepting an adverse decision and successfully overturning it.

The Right to Appeal

Ohio Revised Code Section 4117.13(D) grants "any party" the right to appeal SERB's final orders, particularly those arising from unfair labor practice cases. This broad language ensures that unions, employers, and even individual employees who were parties to the SERB proceeding can seek judicial review.

Certain SERB directives, such as dismissals of representation petitions or certification amendments, may be appealed under the Administrative Procedure Act (R.C. 119.12) rather than the labor-specific statute. The distinction matters because it affects which court hears the appeal and certain procedural requirements.

Choosing the Right Court

For final SERB orders in unfair labor practice cases, appeals go to the court of common pleas. The appealing party has options regarding venue, filing in the county where the alleged unfair labor practice occurred, where the appellant resides, or where the appellant transacts business. This flexibility allows unions to file appeals in familiar or convenient jurisdictions.

Appeals of SERB directives under R.C. 119.12 must be filed in Franklin County Court of Common Pleas, where SERB is located. This centralized approach reflects the administrative nature of these appeals.

In exceptional cases involving substantial controversies about Chapter 4117's application or matters of great public interest, SERB may certify orders directly to the court of appeals, bypassing the common pleas level. While rare, this expedited path recognizes that some labor disputes have implications beyond the immediate parties.

The Critical Fifteen-Day Deadline

Perhaps no aspect of the appeal process is more important than the fifteen-day filing deadline. Appeals must be filed within fifteen days after SERB mails its order or directive. This deadline is jurisdictional—miss it, and the court lacks authority to hear the appeal, regardless of the merits.

The clock starts when SERB mails the decision, not when parties receive it. Given mail delays and the need to consult with counsel, unions must act immediately upon receiving adverse decisions. Waiting even a few days to discuss options can jeopardize appeal rights.

Filing Requirements

To perfect an appeal under R.C. 4117.13(D), the notice of appeal must be filed with both the appropriate court and SERB itself. This dual filing requirement ensures all parties receive prompt notice of the appeal. The notice must identify the order being appealed and state the grounds for appeal.

For R.C. 119.12 appeals, similar dual filing requirements apply, with notices going to both Franklin County Court of Common Pleas and SERB. Failure to properly serve all required parties can result in dismissal.

SERB's Post-Appeal Obligations

Once an appeal is filed, SERB must compile and file a certified transcript of the entire record within ten days. This transcript includes all pleadings, evidence, and materials upon which SERB based its decision. The Board Chairperson's certification establishes the official record for judicial review.

This quick turnaround reflects the law's recognition that labor disputes require prompt resolution. The certified record becomes the foundation for the court's review, as courts generally cannot consider evidence outside this record.

Standards of Judicial Review

Courts apply different standards when reviewing SERB decisions, depending on whether they're examining factual findings or legal interpretations. Understanding these standards helps predict the likelihood of successful appeals.

For factual findings, courts apply the "substantial evidence" standard. SERB's factual determinations stand if supported by substantial evidence in the record as a whole. Courts won't substitute their judgment for SERB's regarding credibility determinations or weighing conflicting evidence. This deferential standard recognizes SERB's expertise in labor relations and its opportunity to observe witnesses firsthand.

Legal issues receive de novo review, meaning courts make independent determinations about what the law requires. Courts need not defer to SERB's legal interpretations, recognizing that judiciary, not administrative agencies, bears ultimate responsibility for determining legal meaning. This standard provides greater opportunity for reversal when appeals focus on legal rather than factual disputes.

The Court's Powers

After reviewing SERB's order and record, courts possess several options. They may enforce SERB's order as written, recognizing the agency acted properly. Alternatively, courts can modify orders while enforcing the modified version, allowing nuanced corrections without complete reversal.

Courts may also set aside orders entirely or in part when finding them unlawful or unsupported by substantial evidence. This authority ensures meaningful judicial review while respecting SERB's specialized role.

Importantly, filing an appeal doesn't automatically stay SERB's order. The order remains effective during appeal unless the court grants temporary relief or a restraining order. Unions must specifically request stays and demonstrate why immediate compliance would cause irreparable harm.

The Appeals Ladder

Common pleas court decisions can be appealed to the appropriate district court of appeals. The appellate court reviews whether the trial court properly applied the substantial evidence and de novo standards. For factual issues where substantial evidence supports SERB's findings, appellate courts only reverse if the trial court abused its discretion.

Further appeal to the Ohio Supreme Court remains possible, though the Supreme Court has discretion whether to accept cases. This multi-level review system balances thorough consideration with the need for finality in labor disputes.

Enforcement Proceedings: A Different Path

Distinct from appeals, enforcement proceedings occur when parties fail to comply with final SERB orders. Either SERB or the complaining party can petition courts to enforce orders that have become final through lack of appeal or judicial affirmation. These proceedings focus on compliance rather than reconsidering the underlying merits.

SERB also retains jurisdiction over SERB-mediated settlement agreements. Parties believing others have violated settlement terms can file motions to enforce directly with SERB, avoiding the need for separate court proceedings.

Strategic Considerations for Unions

Successful appeals require more than understanding procedures—they demand strategic thinking. Unions should evaluate whether disputes involve factual or legal issues, as legal challenges face better odds given de novo review. Building strong records during SERB proceedings proves crucial, as courts generally cannot consider new evidence.

The fifteen-day deadline demands advance preparation. Unions facing important SERB proceedings should discuss potential appeals with counsel before decisions issue, enabling quick action if results prove unfavorable. Having appeal papers ready for quick revision can make the difference between preserving and losing appeal rights.

The Importance of Timely Action

Ohio's judicial review system provides meaningful checks on SERB authority while respecting the agency's expertise. For unions, these appeal rights offer important protections against erroneous decisions. However, the strict timelines and procedural requirements demand vigilance and prompt action.

Understanding these requirements before adverse decisions arrive positions unions to protect their members' interests effectively. Whether challenging unfair labor practice dismissals, representation issues, or other SERB determinations, knowing the path to judicial review empowers unions to pursue justice beyond the administrative level when necessary.

Ohio Union Labor Lawyers