State Employment Relations Board v. Miami University

71 Ohio St. 3d 351
CourtOhio Supreme Court
DecidedDecember 23, 1994
DocketNos. 93-2129 and 93-2211
StatusPublished
Cited by18 cases

This text of 71 Ohio St. 3d 351 (State Employment Relations Board v. Miami University) 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
State Employment Relations Board v. Miami University, 71 Ohio St. 3d 351 (Ohio 1994).

Opinions

Alice Robie Resnick, J.

Under SERB’S present policy, an Ohio public employer may not unilaterally withdraw recognition of and/or refuse to bargain collectively with a certified union, despite any good faith doubt the employer may have concerning the union’s continuing majority support among the unit’s employees. Instead, an employer may cease negotiations with a certified union only during the pendency of a decertification or rival union petition after the granting of a stay by SERB. Thus, an employer is guilty of committing a ULP in violation of R.C. 4117.11(A)(5) when it refuses to negotiate with a certified union following the dismissal of a pending petition. In re Marion Cty. Children’s Serv. Bd. (Oct. 1, 1992), SERB 92-017, 1992 SERB Official Rptr. 3-54. This case presents a challenge to that policy.

Miami contends, and the court of appeals held, that SERB’S policy, reflected in Marion Cty. Children’s Services Bd., is fundamentally inconsistent with the statutory framework of R.C. Chapter 4117 (the Ohio Public Employees’ Collective Bargaining Act), federal private-sector labor decisions and SERB’S own past decisions. SERB and AFSCME, on the other hand, concede that SERB’S present policy regarding good faith refusal to negotiate represents a departure from private-sector precedent, but argue that substantial differences between the Ohio and federal statutes clearly warrant a different result.

In assessing SERB’S policy, this court must afford deference to SERB’S interpretation of R.C. Chapter 4117. Lorain City School Dist. Bd. of Edn. v. State Emp. Relations Bd. (1988), 40 Ohio St.3d 257, 533 N.E.2d 264, paragraph two of the syllabus. The General Assembly has entrusted SERB with the responsibility of administering the statute, and has bestowed upon it the special function of applying the statute’s provisions to the complexities of Ohio’s industrial life. In so doing, it has delegated to SERB the authority to make certain policy decisions. Our review is limited to whether SERB’S policy is unreasonable or in conflict with the explicit language of R.C. Chapter 4117. Id. at 260, 533 N.E.2d at 266; State Emp. Relations Bd. v. Adena Local School Dist. Bd. of Edn. (1993), 66 Ohio St.3d 485, 496-499, 613 N.E.2d 605, 613-615. See, also, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), 467 U.S. 837, 865-866, 104 S.Ct. 2778, 2793, 81 L.Ed.2d 694, 717.

It is also important to note the relationship that federal decisions bear to Ohio public-sector labor law. Since “R.C. Chapter 4117’s treatment of ULP cases is modeled to a large extent on the federal statutes that empower the NLRB to resolve ULP charges in cases within its jurisdiction * * * the NLRB’s experience * * * can be instructive * * Adena Local School Dist. Bd. of Edn., supra, 66 Ohio St.3d at 495, 613 N.E.2d at 612-613. It is not, however, conclusive. The prime focus must remain whether the federal approach “comports with the goals of the General Assembly when it enacted those statutes, [354]*354particularly R.C. 4117.11 (which defines ULPs) * * *.” Id., 66 Ohio St.3d at 494, 613 N.E.2d at 612. In addition, “[t]he only sources of law whose production binds [SERB] are the General Assembly of Ohio, Ohio courts, and the federal courts (with territorial jurisdiction) when deciding federal constitutional questions. These are the authorities to which SERB’S ligaments of responsibility attach and no others.” In re City of Bedford Hts. (July 24,1987), SERB 87-016,1987 SERB Official Rptr. 3-54, at 3-55.

With these principles in mind, we now turn our attention to a review of the relevant authority. Under the Ohio Public Employees’ Collective Bargaining Act, a public employer is required to bargain collectively with an employee organization certified as the exclusive representative of a unit of public employees. R.C. 4117.04(B). This includes the duty to bargain with regard to “[a]ll matters pertaining to wages, hours, or terms and other conditions of employment.” R.C. 4117.08(A). A refusal to bargain collectively constitutes a ULP. R.C. 4117.11(A)(5).

The duty to bargain arises when an employee organization becomes the exclusive representative of a bargaining unit. In order for this to occur, the employee organization must either be certified by SERB pursuant to R.C. 4117.05(A) or be “deemed certified” pursuant to Section 4(A) of Am.Sub.S.B. No. 133, effective April 1, 1984. (140 Ohio Laws, Part I, 367.)

The duty to bargain with an exclusive representative continues so long as the representative maintains its exclusive status. Once certified, the representative’s exclusive status is maintained until the representative is displaced in accordance with the procedures set forth in R.C. 4117.07. Displacement occurs following a four-step process: (1) a decertification or rival union petition is filed; (2) SERB investigates the petition, and if it finds reasonable cause to believe that a question of representation exists, holds a hearing; (3) if, following the hearing, SERB finds that a question of representation does exist, it must direct an election; and (4) SERB must certify the results of the election. R.C. 4117.07(A).

Prior to the enactment of R.C. Chapter 4117, federal decisions had already embraced the “good faith doubt” doctrine in the private sector. Under this doctrine, an employer who withdraws recognition and refuses to bargain with an incumbent union is not guilty of a ULP if the employer had a good faith or reasonable doubt of the union’s continuing majority status. Landmark Internatl. Trucks, Inc. v. Natl. Labor Relations Bd. (C.A.6, 1983), 699 F.2d 815; Orion Corp. v. Natl. Labor Relations Bd. (C.A.7, 1975), 515 F.2d 81; Natl. Labor Relations Bd. v. Dayton Motels, Inc. (C.A.6, 1973), 474 F.2d 328.

Concomitantly, the NLRB wrestled with the effect that the filing of a decertification or rival union petition had on the employer’s duty to continue negotiations. In Midwest Piping & Supply Co., Inc. (1945), 63 NLRB 1060, the NLRB held that an employer commits a ULP by recognizing and bargaining with a union [355]*355where a real question concerning representation exists. In William D. Gibson Co. (1954), 110 NLRB 660, the NLRB permitted an employer to continue bargaining with an incumbent union despite a representation claim by a rival union. In Shea Chem. Corp. (1958), 121 NLRB 1027, 1029, the NLRB overruled Gibson and held that “upon presentation of a rival or conflicting claim which raises a real question concerning representation, an employer may not go so far as to bargain collectively with the incumbent (or any other) union unless and until the question concerning representation has been settled by the Board.” This rule was later applied to real questions of representation raised by the filing of a valid decertification petition in Telautograph Corp.

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Bluebook (online)
71 Ohio St. 3d 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-employment-relations-board-v-miami-university-ohio-1994.