Title
Notice/Advertisement Title: Amended Board of Industrial Relations Operating Procedures Including Rules and Regulations; Adopted March 16, 2026
Contact Name: Jams Odda
Contact Telephone Number: (614) 645-4083
Contact Email Address: jpodda@columbus.gov
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BOARD OF INDUSTRIAL RELATIONS
OPERATING PROCEDURES INCLUDING
RULES AND REGULATIONS
Adopted March 16, 2026
IT IS THE PURPOSE OF THESE RULES TO ESTABLISH DEFINITIONS, TO ESTABLISH PROCEDURES FOR HEARINGS OF THE BOARD OF INDUSTRIAL RELATIONS, AND TO ESTABLISH PROCEDURES FOR THE SUBMISSION AND REVIEW OF INJURY LEAVE EXTENSIONS. THE RULES ARE ESTABLISHED IN COMPLIANCE WITH CHAPTER 169 OF THE COLUMBUS CITY CODES.
RULE 1 - GENERAL PROVISIONS.
A. ADMINISTRATION OF INJURY LEAVE. The Director of the Department of Human Resources has the power to make necessary rules, devise forms, keep records, investigate cases, and make decisions on injury leave, subject to the approval of the Board of Industrial Relations but consistent with the provisions of the City Charter, City Ordinances, City Code, and these Rules.
B. MEMBERS OF THE BOARD. As provided in Chapter 169 of the Columbus City Codes, the Board of Industrial Relations is composed of the Director of Public Service or designee, the Director of Public Safety or designee, the Director of Human Resources or designee, and the City Health Commissioner or designee.
RULE 2 - DEFINITIONS.
A. INJURY: An injury is physical damage caused by an incident in the actual performance of the duties of the position.
B. ACTUAL PERFORMANCE OF DUTIES: Actual performance of duties is an assignment which is performed during scheduled, paid work hours, under supervision, and in furtherance of the mission or service provided by the City department, division, or office. Incidents occurring during the scheduled and paid working hours may be ineligible for injury leave if the employee intentionally causes self-injury, or if the employee has separated from the employee’s employment by leaving a work assignment and by no longer being engaged in the actual and authorized performance of duties. Injuries occurring other than in the scheduled and paid working hours shall be presumed to be non-service connected unless the employee can demonstrate that the employee was engaged in the actual and authorized performance of the duties of the employee’s position on behalf of the City of Columbus. The actual performance of duties does not incorporate a zone of employment standard. The standard for injury leave eligibility does not consider whether the employee is disabled near or on City property, but rather whether the employee was engaged in the actual and authorized performance of duties wherever those duties are performed. Therefore, incidents which occur before work, or after work, or during unpaid lunch periods are not eligible for injury leave unless the employee can demonstrate that the employee was engaged in the actual and authorized performance of duties.
C. RECURRENCE: A recurrence is an exacerbation of a prior service-connected injury while employed with the City of Columbus. If there has been no new incident since the date of the original service-connected injury, the employee must demonstrate that there has been a continuing disability and regular treatment directly related to the original injury. If there has been a new incident since the date of the original service-connected injury, the employee must demonstrate that the new incident was not an intervening incident.
D. INTERVENING INCIDENT: If a new incident has occurred since the date of the original service-connected injury, it shall be presumed to be an intervening incident, unless it can be demonstrated by the employee that the new incident is not the actual cause of disability, but rather that the original injury has been the continuing cause of disability and treatment. An intervening incident in the actual and authorized performance of duties would constitute a new service-connected injury eligible for injury leave. An intervening incident not in the actual and authorized performance of duties would constitute a non-service-connected injury which is not eligible for injury leave, unless it can be demonstrated that the incident was minor to the extent that it could not have caused a disability unless there had been a continuing disability and treatment immediately prior to the incident. Properly following a physical exercise program specifically prescribed by an attending physician as therapy for the original service-connected injury shall not be considered an intervening incident. If an employee has had a prolonged and continuing physical problem related to an injury, the employee assumes the risk in an activity not in the actual and authorized performance of duties.
E. DAYS or DAY: Unless otherwise specified as "work days," a time duration specified as a number of days shall be computed as calendar daysF. MEMBER: A member of the Board of Industrial Relations as provided in Section 169.01 of the Columbus City Codes.
G. VOTING MEMBER: A member of the Board of Industrial Relations who is authorized to vote as provided in Section 169.01 of the Columbus City Codes.
H. BOARD: The Board of Industrial Relations as provided in Section 169.01 of the Columbus City Codes.
I. AUTHORIZED REPRESENTATIVE: The legal counsel, union representative, or other representative who has presented written authorization from the employee permitting the representative to speak on behalf of the employee.
RULE 3 - BOARD MEETINGS.
A. The Board of Industrial Relations shall hold regular meetings on the 3rd Monday of each month at 1:30 p.m. at a place designated by the Board Chairperson. A regular meeting may be omitted or rescheduled by a majority vote of the voting members.
B. SPECIAL MEETINGS. Two Board members or the Chairperson may call a special meeting of the Board by giving not less than 48 hours written notice of such meeting to each Board member. Such notice shall indicate the subject or subjects to be considered and no other business shall be considered, except by and with the consent of all Board members.
The notice requirements may be waived by each and and/or all Board members; however, if a Board member is not present at such special meeting, no other business shall be considered which is not set forth in the notice waiver signed by the Board member.
Appeal hearings may be held by the Board at special meetings if the employee will receive at least a seven (7) calendar day written notice of hearing. This notice requirement may be waived by the employee with the consent of the Board.
C. DELIBERATIONS. Following the presentation of a case, the Board may recess and go off record to conduct deliberations. No formal action shall be taken during such deliberations. The Board will reconvene in public following the deliberations to conclude any remaining meeting business.
D. PUBLIC MEETINGS.
1. All regular meetings of the Board shall be open to the public.
2. Special meetings of the Board shall be open to the public.
3. Deliberations shall not be open to the public due to the quasi-judicial nature of such deliberations.
E. CONDUCT OF MEETINGS. The Chairperson or presiding officer shall preside at and conduct all meetings and sessions of the Board. All Board members, except the Chairperson, shall have a vote and each may record in the minutes the approval or disapproval from any motion of the board, together with the reasons therefor.
F. QUORUM. Three voting members of the Board shall constitute a quorum.
G. RECORD OF MEETINGS. The Board shall record its proceedings. Recordings shall include the time and place of each meeting, the votes of each member except where the votes are unanimous. When requested, a member's dissent with reasons therefor, shall be recorded.
H. CHAIRPERSON. As provided in Chapter 169 of the Columbus City Codes, the Director of the Department of Human Resources or designee shall serve as the Chairperson of the Board. In the event that the Director of Human Resources or designee is unable to attend a meeting of the Board, the Board shall appoint a presiding officer for the meeting, including any appeal hearings that may be scheduled for the meeting. A voting member who acts as a presiding officer in the absence of the Director of Human Resources shall retain the right to vote during any hearing.
I. BOARD ADMINISTRATOR. The Board Administrator, upon the direction of the Board, will schedule all appeal hearings, develop an agenda for each Board meeting, send notice of hearings and decisions, and maintain all records of the Board.
RULE 4 - APPEALS TO THE BOARD
A. RIGHT TO APPEAL. An employee who has been denied injury leave in whole or in part by the Director of Human Resources has the right to appeal the decision to the Board of Industrial Relations. The appeal must be submitted on a form prescribed by the Board or equivalent and filed with the Board Administrator or postmarked, not later than ten (10) calendar days after the date the decision was received by the employee. Appeal forms are available upon request from the employee’s human resources staff. An appeal filed untimely or improperly shall be dismissed by the Board.
B. SETTING OF APPEAL HEARING. Upon receipt of an appeal, the Board Administrator shall set a hearing for the appeal. All parties shall be notified in writing by the Board of the time, place and date of the hearing of the appeal. An employee will receive at least a seven (7) day written notice of any scheduled hearing for the appeal. The employee has the responsibility to notify the employee’s authorized representative, or any witnesses the employee wishes to have to testify on the employee’s behalf of the date and time of the hearing.
C. REQUEST TO RESCHEDULE A HEARING. A request to reschedule a hearing may be heard by the Board Chairperson if it is filed in writing 48 hours in advance of the time of the hearing. If the request is improperly or untimely filed, only the Board of Industrial Relations can reschedule a hearing for good cause which will be determined by the Board at the time of the scheduled hearing.
D. HEARING. At the hearing, the Board may take evidence, hear arguments of fact and/or law, resolve matters of jurisdiction, evidence, requests for production of documents, and/or continue the appeal until such time as justice and equity require.
E. REQUESTS FOR SUBPOENAS. In any hearing conducted by the Board, the Board has the power to subpoena and require the attendance of witnesses and the production of books, papers and other evidence pertinent to the investigation of claims of injuries alleged to have occurred to any City employee of the City of Columbus and to administer oaths to such witnesses.
F. HEARING PROCEDURE.
1. The decision of the Director of Human Resources and the file containing the injury leave request shall be introduced into evidence reserving to each party the right to object to specific matters contained in the documents.
2. The Board shall rule on the admissibility of all matters of evidence. In so doing, the board shall not be strictly bound by the Ohio Rules of Evidence.
3. Except as otherwise provided by the Board, testimony shall be given under oath and upon written or oral stipulation.
4. All parties shall have the right to appear before the Board and be heard in person or by an authorized representative. The authorized representative must be an attorney licensed to practice law in the State of Ohio or an authorized bargaining unit representative. The employee’s authorized representative may present the case in the absence of the employee as long as an employee's presence is not required by the Board. The Board may decide an appeal in the absence of the employee or authorized representative if proper notice of hearing was given, and no request to continue the hearing was made or granted in advance of the hearing.
5. All parties shall have the right to:
a. Present the party’s position, arguments, and contentions; and
b. Offer and examine witnesses and present evidence in support of their case; and
c. Cross-examine witnesses purporting to refute the party’s position, arguments, and contentions; and
d. Offer evidence to refute evidence and testimony offered in opposition to theparty’s position, arguments, and contentions; and
e. Proffer evidence into the record if its admission has been denied; and
f. Request the sequestering of witnesses.
6. The Board shall maintain a record of its hearings for not less than 90 days, from the date of its final decision. Such record need not be stenographically taken. Parties seeking a stenographic record must acquire such stenographic record at their own expense.
7. The hearing is a de novo hearing. The Board is not limited to or bound by the issues considered or findings made by the Director of Human Resources.
8. The employee shall have the burden of proof of establishing their right to injury leave benefits. The standard of proof is a preponderance of the evidence.
9. The Board may direct a continuance of hearing without the request of the employee when relevant information is not available before or at the time of the hearing, or if a quorum cannot be seated, or for other good cause determined by the Board or the Chairperson.
10. Each party shall be granted one-half hour to present the party's case. The amount of time may be extended by the Board. An extension shall not be unreasonably withheld.
11. The employee or authorized representative can review the injury leave request file or the Board of Industrial Relations file maintained by the Department of Human Resources prior to the hearing.
12. The employee's Department must send at least one representative to the hearing who is capable of answering questions of the Board regarding the circumstances of the alleged injury and the employee's payroll records related to the incident. Where appropriate, supporting documentation should be brought to the hearing by the Department representative.
13. The Board may require at any time a medical examination of the employee at the City's expense by a physician of the Board's choice.
14. The Chairperson or the presiding officer shall preside over all meetings by following these Rules, the procedures described in Ohio Revised Code Chapter 2506, and, where these Rules are silent, Robert’s Rules of Order. The Rules of Evidence shall not strictly apply.
G. DECISION
a. The Board may affirm, disaffirm or modify the action of the Director of the Department of Human Resources. The Board may remand the matter to the Director of Human Resources to proceed in conformance with the Board's decision. The Board's decision shall be final. The Board's decision must be consistent with the provisions of the City Charter, City Ordinances, City Code, and these Rules.
b. The Board's decision shall be in writing and delivered personally, by regular mail, or electronically to the parties at their addresses set forth in the Board's records.
c. The Board will not reconsider its decision once the decision has been sent to the employee.
RULE 5 - REQUESTS FOR SICK/INJURY LEAVE EXTENSIONS
A When considering a request for extensions of sick leave and injury leave the Board will review the following information:
1. Date of Hire
2. Employee's Work Attendance Record
3. Medical information/Accident information
4. Probability of employee returning to work .
5. Division or Department recommendation which is required before the Board considers the extension.
6. Explanation of employee as to reason for the request or the circumstances of the request.
7. The Board, after review of the case, will decide whether to recommend approval of the extension to the Columbus City Council.
RULE 6 - RULES AND REGULATIONS
A. ADOPTION, AMENDMENT OR RESCISSION OF RULES. The Board
shall have the power to adopt, amend or rescind these rules, or any part thereof, by a majority vote of the Board. Upon adoption of amendments thereto, existing rules in conflict therewith shall be rescinded. No Rule of the Board shall be in conflict with the provisions of the Charter, City Ordinances, or the City Code.
B. PUBLICATION. No rules or amendment thereto shall go in into effect until the tenth day after passage by the Board and promulgation by publication in the City Bulleting.
C. SAVING CLAUSE. If any section or part of a section of these Rules is held by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not invalidate or impair the validity, force and effect of any other section or part of a section of these Rules unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of the section so held invalid or unconstitutional.