Lorain City School District Board of Education v. State Employment Relations Board

533 N.E.2d 264, 40 Ohio St. 3d 257, 1988 Ohio LEXIS 456, 134 L.R.R.M. (BNA) 3272
CourtOhio Supreme Court
DecidedDecember 30, 1988
DocketNo. 87-1859
StatusPublished
Cited by509 cases

This text of 533 N.E.2d 264 (Lorain City School District Board of Education v. State Employment Relations Board) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lorain City School District Board of Education v. State Employment Relations Board, 533 N.E.2d 264, 40 Ohio St. 3d 257, 1988 Ohio LEXIS 456, 134 L.R.R.M. (BNA) 3272 (Ohio 1988).

Opinions

Douglas, J.

There are two questions presented by this appeal. One involves the scope of appellate review and the other, a more fundamental merit issue, concerns the question of “mandatory” collective bargaining under the Ohio Public Employees’ Collective Bargaining Act (“Act”). Notwithstanding that this case could easily be disposed of on the basis of the standard for appellate review of decisions of the administrative agency SERB, because it -is a matter of first impression for this court under the Act, the very substantial merit issue will also be determined. On either count, we find the judgment of the court of appeals to be in error and, therefore, reverse that judgment.

I

R.C. 4117.13(D) provides that in an appeal to the court of common pleas of a final order of SERB involving an unfair labor practice, “* * * [t]he findings of the board as to the facts, if supported by substantial evidence on the record as a whole, are conclusive.” Further, R.C. 4117.08(C) states, in part, that an “* * * employer is not required to bargain on subjects reserved to the management and direction of the governmental unit except as affect wages, hours, terms and conditions of employment * * *.” Thus, the question is: Was there substantial evidence to support SERB’S finding that appellee’s unilateral changes “affectjed]” the nurses’ conditions of employment and, therefore, provisions of the collective bargaining agreement?

The SERB hearing officer made twenty-six separate findings of fact. Finding number fifteen stated that “* * * [n]urses acquired the new responsibility for assisting the health aides by answering their questions and providing them guidance when requested.” Finding number twenty-five provided that “[a]s far as students [sic] health and nursing requirements, the health aides perform the same responsibilities as school nurses previously performed and in most instances presently perform.” The hearing officer recommended that “* * * the act of removing bargaining unit work from unit employees and transferring such to non-unit employees with the resultant affect [sic] of a change in the bargaining unit employees’ ‘conditions’ of employment” should be found to be subjects for mandatory collective bargaining.

SERB approved the findings of its hearing officer. Further, SERB found that “* * * by custom and practice the regular unit work was performed by nurses only and thus is encompassed in the collective bargaining agreement. Pursuant to [R.C.] 4117.08(A), any modification of a collective bargaining agreement becomes a mandatory subject of bargaining.” While appellee continued to have the same work performed by employees of appellee, that work was being performed by non-[260]*260bargaining unit employees who had fewer qualifications than the nurses and were being paid less in wages and fringe benefits.

The common pleas court, in affirming the order of SERB, reviewed the record and concluded that “* * * SERB’S findings were supported by substantial evidence. * * *” In utilizing this standard of review, the trial judge complied with the dictates of R.C. 4117.13(D). Pursuant to that statute, the standard of review of a SERB decision on an unfair labor practice charge is whether there is substantial evidence to support that decision.

Further, a determination of whether a public employer’s unilateral action “affect[s] wages, hours, terms and conditions of employment” within the meaning of R.C. 4117.08(C) is generally a factual question which will vary depending upon the employer, employees and the circumstances of the case. Such disputes are properly determined by SERB, which was designated by the General Assembly to facilitate an amicable, comprehensive, effective labor-management relationship between public employees and employers. State, ex rel. Dayton Fraternal Order of Police Lodge No. 44, v. State Emp. Relations Bd. (1986), 22 Ohio St. 3d 1, 5, 22 OBR 1, 4, 488 N.E. 2d 181, 184-185. As long as SERB’S decision on such matters is supported by substantial evidence, it must be affirmed. Courts should not be required to intervene in every factual dispute between contesting parties.

Pursuant to R.C. Chapter 4117, unfair labor practice charges are first aired before SERB, one of its members, or a hearing officer. R.C. 4117.12(B)(1). The board member or hearing officer makes findings of fact and conclusions of law and then formulates a recommendation to SERB. R.C. 4117.12(B)(2). SERB then reviews the matter and issues its decision and order. R.C. 4117.12(B)(3). If SERB finds that an unfair labor practice has occurred (and it must be remembered that such charges may be brought by either employees or employer — R.C. 4117.11[A] and [B]), then SERB may use its considerable expertise in labor-management relations to resolve the matter. Upon the issuance of a final order, any aggrieved party may pursue an appeal to the court of common pleas. R.C. 4117.13(D). In reviewing the order, courts must accord due deference to SERB’s interpretation of R.C. Chapter 4117. Otherwise, there would be no purpose in creating a specialized administrative agency, such as SERB, to make determinations. The General Assembly could have provided for a direct appeal of a hearing officer’s decision to a court of common pleas, but such a course would have obviated the purpose for which SERB was established. To allow courts such latitude would invite many conflicting interpretations of R.C. 4117.08 and other provisions in the Act by various courts throughout Ohio.

It was clearly the intention of the General Assembly to vest SERB with broad authority to administer and enforce R.C. Chapter 4117. See, e.g., R.C. 4117.02, 4117.06, 4117.07, 4117.12, 4117.14, 4117.16 and 4117.19. This authority must necessarily include the power to interpret the Act to achieve its purposes. Accordingly, due deference must be afforded SERB’s determination that the reassignment of bargaining unit work to persons not members of the bargaining unit is a mandatory subject of collective bargaining under R.C. 4117.08. The trial court herein properly accorded the administrative agency such deference.

In reviewing an order of an administrative agency, an appellate [261]*261court’s role is more limited than that of a trial court reviewing the same order. It is incumbent on the trial court to examine the evidence. Such is not the charge of the appellate court. The appellate court is to determine only if the trial court has abused its discretion. An abuse of discretion “ * * implies not merely error of judgment, but perversity of will, passion, prejudice, partiality, or moral delinquency.’ ” State, ex rel. Commercial Lovelace Motor Freight, Inc., v. Lancaster (1986), 22 Ohio St. 3d 191, 193, 22 OBR 275, 277, 489 N.E. 2d 288, 290. Absent an abuse of discretion on the part of the trial court, a court of appeals must affirm the trial court’s judgment. See Rohde v. Farmer (1970), 23 Ohio St. 2d 82, 52 O.O. 2d 376, 262 N.E. 2d 685.

The fact that the court of appeals, or this court, might have arrived at a different conclusion than did the administrative agency is immaterial. Appellate courts must not substitute their judgment for those of an administrative agency or a trial court absent the approved criteria for doing so.

Herein, there is no showing that the trial court abused its discretion. Accordingly, it was error for the court of appeals to reverse the judgment of the trial court.

II

The second, and more important, issue in this case is the scope of the bargaining obligation under R.C.

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Bluebook (online)
533 N.E.2d 264, 40 Ohio St. 3d 257, 1988 Ohio LEXIS 456, 134 L.R.R.M. (BNA) 3272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorain-city-school-district-board-of-education-v-state-employment-ohio-1988.