As union representatives and members in Ohio's public sector, understanding who belongs in your bargaining unit—and who doesn't—is fundamental to protecting your collective bargaining rights and building union strength. The State Employment Relations Board (SERB) holds the power to determine appropriate bargaining units, and knowing how they make these decisions can help you protect your unit's integrity, challenge improper exclusions, and ensure all eligible workers have union representation.

SERB's Authority: Final but Not Arbitrary

SERB has the final and conclusive authority to determine appropriate bargaining units, and these decisions cannot be appealed to court. While this might seem limiting, SERB's determinations follow specific criteria designed to protect workers' rights to organize. Understanding these factors helps you advocate effectively for your unit's composition.

When SERB evaluates a bargaining unit, they consider multiple factors that work in your favor. The desires of employees carry significant weight—if workers want to be together in a unit, that matters. Community of interest examines whether employees share similar job functions, work in the same locations, have common supervision, and face similar working conditions. This helps ensure that your bargaining unit includes workers who share common concerns and can effectively bargain together.

SERB also considers operational efficiency and the employer's administrative structure, but importantly, they must balance these against workers' organizing rights. The Board interprets the law liberally to promote orderly and constructive labor relationships, which generally favors broader inclusion rather than exclusion of employees.

Know the Exclusions: Protecting Your Unit from Erosion

Ohio law explicitly excludes certain categories of employees from bargaining units, and employers often try to expand these exclusions to weaken unions. Understanding these categories—and their limits—helps you fight back against improper exclusions.

Confidential Employees: A Narrow Exception

The confidential employee exclusion only applies to those who work in personnel offices and handle information used in collective bargaining, or those in close relationships with officials who directly participate in bargaining for the employer. SERB construes this narrowly, which works in your favor.

For example, a Police Secretary wasn't considered confidential just because they held a separate elected position with access to sensitive information—the duties had to be kept separate. An Office Assistant 2 wasn't confidential without proof they actually composed, typed, or provided input on collective bargaining documents. If your employer tries to exclude employees as "confidential," demand specific evidence of their actual involvement in labor relations work.

Management-Level Employees: Policy Makers, Not Just Title Holders

Management-level employees are those who formulate policy, direct its implementation, or assist in negotiations. In schools, this includes assistant superintendents and principals, but crucially, not department chairpersons or consulting teachers. In higher education, regular faculty aren't management just because they participate in academic policy decisions.

Watch for employers trying to exclude employees based on impressive titles rather than actual duties. The test is whether they truly formulate employer policy or just implement it. Push back when employers try to stretch this definition beyond its intended scope.

Supervisors: Authority That Matters

Supervisors must have real authority to hire, fire, suspend, promote, discipline, or effectively recommend such actions using independent judgment. But here's where it gets interesting for safety forces: in police and fire departments, only the chief or those authorized to act in the chief's absence are deemed supervisors.

This narrow definition has protected many workers. Police Captains in Hamilton weren't supervisors because they didn't exercise the chief's authority in the chief's absence, and their disciplinary recommendations underwent independent review. Twinsburg Fire Captains similarly retained their bargaining rights. If your employer claims someone is a supervisor, examine whether they truly exercise independent judgment or just follow established procedures.

Structural Restrictions: Building Strong, Focused Units

Ohio law creates specific rules about unit composition that can work for or against your organizing efforts. Understanding these helps you build sustainable bargaining units.

Protecting Professional Employees

Professional and nonprofessional employees cannot be mixed in one unit unless a majority of each group votes for inclusion. This protects professional employees from being outvoted on issues specific to their work while allowing coalition building when both groups agree.

Safety Forces: Special Protections and Limitations

Guards and correction officers must be in separate units from other employees. Police, fire, and State Highway Patrol members cannot be mixed with other classifications within their departments. These restrictions recognize the unique nature of safety work while preserving these workers' bargaining rights.

However, within police departments, rank and file members must be separated from sergeants and above. This prevents conflicts of interest while ensuring all eligible employees have representation—just in appropriate separate units.

Geographic and Institutional Boundaries

In county government, units cannot cross elected office holder jurisdictions without agreement. Higher education institutions must have separate units, and community schools cannot be combined. While these restrictions can limit unit size, they also ensure that bargaining units share common employers and can negotiate effectively.

Unit Clarification: Maintaining Your Bargaining Unit's Integrity

When job duties change or new positions emerge, unit clarification petitions help determine whether employees belong in your existing unit. This process maintains the status quo rather than changing unit descriptions—a crucial distinction that protects established units.

Protecting Deemed Certified Units

If your unit was established before Ohio's collective bargaining law took effect (a "deemed certified" unit), you have special protections. These units cannot be unilaterally altered by either party. SERB generally rejects employer attempts to remove employees from deemed certified units unless you agree or another union challenges the unit's composition.

This protection is powerful. When Mahoning County tried to exclude Service and Support Administrators based on new statutory language, SERB ruled that the new law didn't apply to deemed certified units. The existing unit composition was protected because those duties had always been performed within the unit.

Strategic Use of Clarification Petitions

Unit clarification can be a tool for inclusion or defense against exclusion. When the City of Wilmington created a Fire Inspector position, the union successfully argued for inclusion because fire inspection duties were historically performed by bargaining unit members, even though the specific position didn't exist when the unit was certified.

Conversely, when Greene County tried to move a Financial Aid Specialist from the classified to certified teaching unit, SERB denied the move because the position's duties weren't substantially similar to teaching positions. Understanding these precedents helps you argue effectively for appropriate unit composition.

Fighting Employer Tactics

Employers often try to weaken unions by manipulating unit composition. Common tactics include:

Creating New "Confidential" or "Supervisory" Positions

When employers create new positions and claim they're excluded from the unit, scrutinize the actual duties. Are they truly performing confidential labor relations work, or just handling routine personnel matters? Do they exercise real supervisory authority with independent judgment, or just relay instructions from above?

Reclassification Games

Watch for employers reclassifying existing positions to claim exclusions. If Radio Operators become "members of the highway patrol," that might trigger statutory exclusions. Document existing duties before reclassifications occur, and challenge changes that seem designed to remove employees from bargaining units.

Fragmenting Units

While preventing over-fragmentation is one of SERB's goals, employers sometimes try to split units to weaken union power. The Darke County case shows how unions can defeat these attempts—all deputy sheriffs remained together because they shared the same statutory appointment and status, despite different job assignments.

Proactive Strategies for Union Protection

Document Everything

Maintain detailed records of who performs what duties in your workplace. When employers claim someone is confidential, supervisory, or management, you need evidence of their actual work, not just job descriptions. Regular workplace mapping helps you identify changes before they become permanent.

Engage in Clarification Early

Don't wait for employers to challenge unit composition. If new positions are created or duties change significantly, consider filing for clarification proactively. It's better to establish that positions belong in your unit before employers try to exclude them.

Build Coalitions Carefully

When organizing new units or considering unit mergers, understand the structural restrictions. Professional employees might need separate representation initially, but you can build toward combined units if both groups see mutual benefit. Multi-unit bargaining allows coordination even when legal restrictions require separate units.

Educate Your Members

Members who understand unit composition rules become advocates for inclusion. When they see management trying to exclude coworkers through reclassification or reorganization, they can alert union leadership immediately. Early intervention often prevents successful exclusion attempts.

Using SERB Precedents to Your Advantage

SERB's decisions create precedents you can use to protect and expand your units. Key principles include:

Exclusions are construed narrowly to protect organizing rights
Actual duties matter more than job titles
Historical practice within units carries weight
Deemed certified units have special protection
The status quo should be maintained absent compelling reasons

When arguing before SERB, cite cases where similar exclusion attempts failed. Show how inclusion serves the statutory purpose of promoting orderly labor relations. Demonstrate that employees share community of interest with existing unit members.

The Bigger Picture: Building Union Power

Understanding unit determination isn't just about technical compliance—it's about building and maintaining union power. Every employee improperly excluded weakens your bargaining position. Every successful inclusion strengthens solidarity and resources.

Remember that SERB must construe the law liberally to promote constructive labor relationships. This presumption favors inclusion over exclusion, broader units over fragmentation, and worker rights over employer convenience. Use this framework to advocate aggressively for inclusive bargaining units.

Conclusion: Your Unit, Your Union, Your Rights

Bargaining unit composition fundamentally shapes your union's power and effectiveness. By understanding SERB's determination process, recognizing improper exclusions, and actively protecting your unit's integrity, you ensure that all eligible workers have union representation and collective bargaining rights.

Don't let employers chip away at your bargaining unit through creative position descriptions or strategic reorganizations. Know the law, document actual duties, and challenge every improper exclusion. Your bargaining unit is the foundation of your collective power—protect it vigilantly, expand it strategically, and use it to build the strong union your members deserve.

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.