Ohio State Employment Relations Board

In the Matter of

Fraternal Order of Police

Butler County Lodge 101,

Charging Party,

and

Butler County Sheriff,

Charged Party

05-ULP-09-0509

23 OPER 30

2006 OPER (LRP) Lexis 31

February 2, 2006

Dismissal of Unfair Labor Charge

The Fraternal Order of Police, Butler County Lodge 101 (Charging Party) filed an unfair labor practice charge against the Butler County Sheriff (Charged Party). The charge alleged the Charged Party violated Ohio Revised Code §§ 4117.11(A)(1) and (5) by unilaterally implementing a fitness evaluation as part of the promotional process for Deputy Sheriff.

Pursuant to Ohio Revised Code § 4117.12, the Board has conducted an investigation of this charge. The investigation reveals no probable cause exists to believe the Charged Party has violated Ohio Revised Code § 4117.11. Information gathered during the investigation reveals the fitness evaluation is voluntary and is not a requirement for promotion. Accordingly, the charge is dismissed with prejudice.

It is so directed.

GILLMOR, Vice Chairman, and VERICH, Board Member, concur.