1. What is your department’s primary purpose and ...

[Pages:6]1. What is your department's primary purpose and objectives?

SERB's mission is to promote orderly and constructive labor relations between all of Ohio's public employers and their employees in the administration of ORC Chapter 4117. ORC Chapter 4117 governs collective bargaining relationships between all Ohio public employers and employees including the state, counties, cities, schools, universities, and political subdivisions. SPBR's mission is to ensure that Ohio's citizens are provided an efficient and high quality civil service system as provided for under Article XV, Section 10 of the Ohio Constitution. Although their missions may be separate and distinct, the two Boards are collectively responsible for overseeing nearly all facets of the employer/employee or labor/management relationship in Ohio's public sector, serving 2,739 public employers and in excess of 700,000 employees.

2. What is your department's past and anticipated workload, the number staff required to complete that workload, and the department's total number staff?

At the time of the merger of SPBR with SERB in 2009, the combined staff numbered in excess of 55. Since that time, the workload of the combined agencies under the umbrella of SERB has been consolidated to more effectively reflect the workload and necessary staffing levels.

The work of SERB and SPBR is labor intensive. SERB successfully operates with 24 fulltime employees, one (1) intermittent employee and one (1) legal intern who support three (3) SERB and three (3) SPBR Board members for a total staffing of 32.

Technical and data processing programs enable staff to perform tasks efficiently and effectively.

Benchmarks and/or performance metrics for each of SERB's sections have been established. For example, Research & Training processes stakeholder research requests within 24 hours; Investigations completes background research report preparation for Board disposition within 90 days; Hearings completes the Report and Recommendation no later than 90 days after the record is closed. Timely adjudication is just as important as fair and impartial resolution.

Also provide a breakdown of how many staff work in administration, customer service, or in the field.

Three (3) staff provide the overall administration of the Agency; those include the Chairman of the SERB Board, the Executive Director and the General Counsel. In addition, there are six (6) Section Administrators who supervise 18 staff who perform the basic work of SERB and SPBR per the respective ORC. The Section Administrators are also working supervisors and all staff perform some basic function of customer service. In addition to the Chairman of SERB mentioned above, there are two (2) additional members of the SERB and three (3) SPBR for a total staffing of 32.

3. Please identify the rules adopted by your department and explain how these rules are consistent with the legislative mandate of the department as expressed in the statutes that created and empowered the department?

The rules, major statutory duties/services SERB performs were adopted pursuant to the Ohio Public Employees' Collective Bargaining Act of 1983, and are codified in Ohio's Administrative Code. The SPBR statutory mandates are outlined primarily in Chapter 124 of the ORC. The purpose of these mandates is to ensure a high quality civil service system as contemplated by Article XV, Section 10 of the Ohio Constitution.

4. Does your department's jurisdiction or any of its programs overlap or duplicate those of other departments? If so, what is the extent to which your department coordinates with those other departments and the extent to which the department's programs could be consolidated with the programs of other state departments?

The jurisdictions of SERB and SPBR do not overlap or duplicate those of other departments and therefore the combined programs could not be consolidated with the programs of other state departments.

5. Is your department necessary to protect the health, safety, or welfare of the public? If so, how?

Yes, through the adjudication of various labor/management situations. For example, SERB adjudicates unauthorized or illegal strikes that can have an adverse impact on the health, safety and/or welfare of the public.

6. What is the amount of regulation exercised by your department compared to such regulation, if any, in other states?

It is the opinion of SERB that our regulatory outreach is less than that found in other states with similar programs and/or agencies.

7. Describe the general costs and impact of your department's activities on Ohio's businesses and individuals.

The cost and/or impact of SERB's department activities on Ohio's businesses and individuals is deminimis.

8. Identify and explain your customer service standards and what methods you use to monitor or improve customer service at your agency.

The State Employment Relations Board (SERB) is committed to providing the highest level of service to its stakeholders at all times. In furtherance of SERB's mission and in accordance with Ohio Revised Code ? 121.91, SERB has established stakeholder (customer) service standards in a policy format. SERB defines a stakeholder as any individual who contacts or appears before the State Employment Relations Board (SERB) or the State Personnel Board of Review (SPBR), including, but not limited to: the citizens of Ohio, representatives of employers and employee organizations, attorneys, members of the media, and federal, state, and local government agencies.

Standards that are adhered to include: Maintaining regular office hours, Monday through Friday 8:00 a.m. to 5:00 p.m.; employees greet all stakeholders who appear at the SERB/SPBR office with professionalism; employees answer telephone calls within three rings whenever possible; employees answer questions from all stakeholders completely and accurately, if an employee cannot answer a question or the question falls outside the employee's duties or expertise, the employee will transfer the stakeholder to the appropriate staff member or supervisor or advise the stakeholder that they will attempt to obtain the appropriate response and respond to them within a timely manner. In addition, if a question or complaint falls outside of SERB's jurisdiction, employees will refer the stakeholder to the appropriate agency, whenever possible. All voicemail messages are returned within 24 hours, except when a voicemail may come in over a weekend or holiday. When leaving a voicemail message, employees will leave their name, agency name, and telephone number. Whenever an employee will be out of the office for an extended period of time (one or more days), they will update their out of office email and telephone message unless the absence is unforeseen, as in the case of illness. Employees provide the main office telephone number and/or provide an alternate contact name and contact information on all out of office email messages and voicemail greetings. Employees will finish all interactions with stakeholders in a professional and courteous manner, even if the stakeholder is not extending the same level of courteous behavior and they will ensure that written correspondence is professional and that the information contained therein is complete, accurate, and precise. Employees will return all emails in a timely manner, in most cases the same day. All inquiries from the media are referred to the Executive Director, or in the absence thereof, to the General Counsel, per SERB's Media Inquires Policy.

9. Please provide an assessment of the authority of your department regarding fees, inspections, enforcement, and penalties.

SERB/SPBR does not charge fees, conduct inspections and/or related enforcement measures.

10. Has your department's operation been impeded or enhanced by existing statutes and procedures and by budgetary, resource, and personnel practices? If so, which sections?

There has been no major impact to the operations of SERB.

11. Has your department recommended statutory changes to the general assembly that would benefit the public as opposed to the persons regulated by the department? If so, have those policies been adopted and implemented?

As a quasi-judicial entity, SERB does not recommend statutory changes, although SERB is frequently called upon to explain Ohio Revised Code Chapter 4117 to various legislators and their staff.

12. Has your department required or requested any persons it regulates to report to it the impact of department rules and decisions on the public as they affect service costs and service delivery?

SERB's statutory responsibilities as a quasi-judicial entity under Ohio Revised Code Chapter 4117 do not involve service costs. However, all parties that appear before SERB may express concerns with the impact of rules and decisions through SERB's administrative process. SERB receives such reports via telephone, electronic mail, and documents filed pursuant to cases filed pursuant to Ohio Revised Code Chapter 4117.

13. Describe how your department encouraged public participation in its rulemaking and decision-making?

SERB encourages public participation in its decision-making by providing the public with unfettered access to SERB's administrative hearings and SERB's Board meetings. SERB provides prompt responses to public records requests and inquires regarding procedural matters. SERB also provides the public with SERB opinions on its website and upon request. SERB makes available to the general public, employee organizations, public employers, mediators, fact-finding panels, arbitrators, and joint study committees statistical data relating to wages, benefits, and employment practices in public and private employment applicable to various localities and occupations to assist them to resolve issues in negotiations.

SERB encourages public participation in its rule-making process by maintaining a list of interested public employers and employee organizations and mailing notice to such groups of any proposed rule or procedure, amendment, or rescission. SERB mails a copy of each proposed rule or procedure, amendment or rescission to any person who requests a copy. SERB consults with appropriate statewide organizations representing public employers or employees who would be affected by the proposed rule or procedure prior to moving forward with the rule-making process. SERB maintains information on its website regarding its rule-making process and updates any pending changes to SERB's administrative rules.

14. What is the process for formal public complaints that are filed with the department? And how are they resolved?

Each formal complaint that is filed with SERB is reviewed by SERB's Executive staff and the Board. Thereafter, a response is issued and, if necessary, corrective action is taken.

15. Does federal law require that Ohio perform some or all of the tasks of your agency? If so, what functions are required and how are they met?

N/A

16. Please describe in detail how any state regulation or rule, of your department, exceeds or differs from any similar federal requirements with a similar impact.

SERB regulates labor relations in the public sector in a similar manner as the National Labor Relations Board (NLRB) regulates labor relations in the private sector. Both provide for the formation of unions and hear allegations of Unfair Labor Practices.

17. Please identify the department's practices and methods to comply with public records requests.

All practices and methods to comply with public records requests is found in procedures that comply with open records laws. SERB staff respond to "public records" request in a timely manner. Documents are screened for sensitive information that may need to be redacted. Some record requests may need administrative approval to be released, in which case such approval is sought. All responses are done so in concert with SERB's Customer Service Standards Policy and the Media Inquiries Policy.

Identify any methods to make your records more generally available or online. SERB records are available online on the SERB Website. Records available on line include Board Opinions, Board Agenda/Minutes/Calendar of future meeting dates, SERB Fillable Forms, Annual Reports, Insurance Reports, Wage Settlement Reports, Current Collective Bargaining Agreements (previous contracts are available upon request), Fact Finding reports, and Conciliation Awards.

Identify the number of public records disputes during the last 2 years and the top 3 record types that are requested by the public.

There have been no public records disputes during the last 2 years.

The top three (3) record types requested by the public are: 1) Representation Section Certification and historical perspectives of bargaining units via certifications, 2) Unfair Labor Practice (ULP) investigators reports and responses to information requests from the parties, and 3) Requests for Fact-Finding Reports, Conciliation Awards and Contract requests that are not on the website.

If your department issues licenses, please answer the following: 1. Are such licenses required by federal law and, if so, what law(s)? 2. What is the extent to which licensing ensures that practitioners have occupational skill sets or competencies that correlate with a public interest? What is the impact that those criteria have on applicants for a license, particularly those with moderate and low incomes, seeking to enter the occupation or profession? 3. What is the extent to which the requirement for the license stimulates or restricts competition, affects consumer choice, and affects the cost of services?

Neither SERB nor SPBR issue licenses.

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download