State ex rel. Brecksville Education Ass'n v. State Employment Relations Board

74 Ohio St. 3d 665
CourtOhio Supreme Court
DecidedMarch 1, 1996
DocketNo. 95-576
StatusPublished
Cited by32 cases

This text of 74 Ohio St. 3d 665 (State ex rel. Brecksville Education Ass'n 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
State ex rel. Brecksville Education Ass'n v. State Employment Relations Board, 74 Ohio St. 3d 665 (Ohio 1996).

Opinions

Moyer, C.J.

The issue presented is whether Section 4(A) of Am.Sub.S.B. No. 133 deprives the State Employment Relations Board of jurisdiction to consider a petition filed jointly by an employer and an exclusive bargaining representative that requests an amendment to the composition of a deemed certified bargaining unit.

“In order for a writ of mandamus to issue, a relator must demonstrate that (1) he or she has a clear legal right to the relief prayed for; (2) respondent is under a corresponding legal duty to perform the requested act; and (3) relator has no plain and adequate legal remedy.” State ex rel. Cassels v. Dayton City School Dist. Bd. of Edn. (1994), 69 Ohio St.3d 217, 218-219, 631 N.E.2d 150, 152, citing [668]*668State ex rel. Glass, Molders, Pottery, Plastics & Allied Workers Internatl. Union, Local 333, AFL-CIO, CLC v. State Emp. Relations Bd. (1993), 66 Ohio St.3d 157, 158, 609 N.E.2d 1266, 1267.

Under R.C. 4117.06(A), SERB has a duty to “decide in each case the unit appropriate for the purposes of collective bargaining.” The statute farther provides that the SERB appropriateness determination is “final and conclusive and not appealable to the court.” Because there is no right of appeal from SERB’S determination that it had no jurisdiction to reach the merits of the joint petition for amended certification, BEA has no adequate alternative remedy at law. Mandamus, therefore, is an appropriate remedy to correct SERB’S failure to exercise jurisdiction when under a statutory duty to do so. See State ex rel. Coen v. Indus. Comm. (1933), 126 Ohio St. 550, 554, 186 N.E. 398, 399.

This court has previously stated that “[t]he purpose of the Act is to minimize public-sector labor conflict and to provide a mechanism for resolving disputes when they arise.” State ex rel. Dayton Fraternal Order of Police, Lodge No. 44 v. State Emp. Relations Bd. (1986), 22 Ohio St.3d 1, 6, 22 OBR 1, 5, 488 N.E.2d 181, 186. The policy of encouraging cooperation rather than conflict between public employers and employees was important enough to the General Assembly that it included a subsection of the statute to emphasize the point. R.C. 4117.22 provides: “Chapter 4117. of the Revised Code shall be construed liberally for the accomplishment of the purpose of promoting orderly and constructive relationships between all public employers and their employees.” This language represents the express legislative intent that produced the statute. BEA and the board contend that their agreement to include the tutors in the bargaining unit was the model expression of an orderly and constructive relationship. Indeed, if not prohibited by statute, public employers and public employee bargaining agents should be encouraged to do precisely what the board of education and the union did here.

Standing alone, the language of R.C. 4117.06 appears to require SERB to exercise jurisdiction to rule on relator’s petition. In Ohio Council 8, Am. Fedn. of State, Cty. & Mun. Emp., AFL-CIO v. Cincinnati (1994), 69 Ohio St.3d 677, 635 N.E.2d 361, however, we held that SERB’S jurisdiction to consider such petitions is limited by the terms of Section 4(A) of Am.Sub.S.B. No. 133.

The syllabus of Ohio Council 8 reads:

“Ohio Adm.Code 4117-5-01(F) is in clear conflict with Section 4(A) of Am.Sub. S.B. No. 133 (140 Ohio Laws, Part I, 336, 337) and is, therefore, invalid. Pursuant to Section 4(A), adjustments or alterations to deemed certified collective bargaining units are not permitted until challenged by another employee organization.” (Emphasis added.) SERB contends that it correctly relied on the syllabus language in refusing to accept jurisdiction over the joint petitions.

[669]*669Ohio Adm.Code 4117-5-01(F) provides:

“For a unit that has not been approved by the board through the procedures of division (A) of section 4117.05 or 4117.07 of the Revised Code, a petition for unit clarification or amendment of a deemed certified unit may be filed only during the period of one hundred twenty days to ninety days before the expiration date of the collective bargaining agreement, after the expiration of the collective bargaining agreement, or at any other time if the petition is submitted by mutual request of the parties. Unless the petition for amendment or clarification of such a unit is submitted by mutual request, the board will consider clarification or amendment only if the petition alleges that the unit contains a combination of employees prohibited by division (D) of section 4117.06 of the Revised Code.”

SERB argues that two aspects of our holding in Ohio Council 8 support its conclusion that it is without jurisdiction to address the joint petition filed in this case. First, the syllabus of Ohio Council 8 broadly states that Ohio Adm.Code 4117-5-01(F) is invalid. Because the invalidation is not expressly limited to those portions of the rule which do not involve joint petitions for amended certification, SERB maintains that the rule must be considered invalid in its entirety. Second, the Ohio Council 8 syllabus holds that a challenge by another employee organization is a necessary prerequisite to adjustments or alterations to deemed certified collective bargaining units. Therefore, argues SERB, because the joint petition for amended certification of the collective bargaining unit in this case did not involve a challenge by another employee organization, SERB properly refused to exercise jurisdiction. SERB has, perhaps understandably, misapplied our holding in Ohio Council 8.

The issue of a joint petition for amended certification of a bargaining unit was not before the court in Ohio Council 8. Rather, that case involved the conflict between Section 4(A) of the Act and the language of Ohio AdnuCode 4117-5-01(F) that authorized unilateral employer petitions. Because we find the distinction between unilateral employer petitions and joint petitions to be critical, and because we find Ohio Council 8 applicable only to unilateral employer petitions, we confine the holding of Ohio Council 8 to those particular facts.

The controlling issue in this case is whether, as SERB contends, Section 4(A) of Am.Sub.S.B. No. 133 precludes SERB jurisdiction over joint petitions for amended certification of collective bargaining units.

Section 4(A) provides that “[notwithstanding any other provision of this act, an employee organization recognized as the exclusive representative shall be deemed certified until challenged by another employee organization under the provisions of this act and the State Employment Relations Board has certified an exclusive representative.” 140 Ohio Laws, Part I, 336, 367. The quoted language is the [670]*670same language that provided the foundation for our decision in Ohio Council 8. Its application to the two situations, however, is quite different.

First and foremost, we note that the language of Section 4(A) of Am.Sub.S.B. No. 133 does not expressly protect the composition of the bargaining unit. Section 4(A) provides that the deemed certified unit shall remain deemed certified until challenged by another organization.

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Cite This Page — Counsel Stack

Bluebook (online)
74 Ohio St. 3d 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brecksville-education-assn-v-state-employment-relations-ohio-1996.