State ex rel. Dayton Fraternal Order of Police Lodge No. 44 v. State Employment Relations Board

488 N.E.2d 181, 22 Ohio St. 3d 1, 22 Ohio B. 1, 1986 Ohio LEXIS 542, 124 L.R.R.M. (BNA) 2649
CourtOhio Supreme Court
DecidedJanuary 16, 1986
DocketNo. 85-314
StatusPublished
Cited by70 cases

This text of 488 N.E.2d 181 (State ex rel. Dayton Fraternal Order of Police Lodge No. 44 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. Dayton Fraternal Order of Police Lodge No. 44 v. State Employment Relations Board, 488 N.E.2d 181, 22 Ohio St. 3d 1, 22 Ohio B. 1, 1986 Ohio LEXIS 542, 124 L.R.R.M. (BNA) 2649 (Ohio 1986).

Opinions

Douglas, J.

I

With the enactment of the Public Employees Collective Bargaining Act, Ohio adopted a comprehensive law to govern labor relations between public employees and their employers. This legislation was long overdue. The Act replaced the outmoded, unworkable and unfair Ferguson Act. By the time the new Act went into effect, Ohio was the fortieth state to have enacted some form of legislation to regulate their public-sector labor relations.3

[5]*5Until the Act went into effect, Ohio had no legal framework governing public-sector labor relations, and dealt with these issues on an ad hoc basis. Student Project: Public Sector Collective Bargaining in Ohio: Before and After Senate Bill No. 133 (1983), 17 Akron L. Rev. 229. This produced an abundance of litigation and controversy and, in fact, there were four hundred twenty-eight public employee work stoppages in Ohio between the years 1973 and 1980.4 There were no guiding principles which public employers and employees could review in order to structure their conduct in dealing with terms and conditions of employment. Thus, the pre-Act system, if it can be called a system, was an ineffective and costly way to manage public-sector labor relations.

The new Act is a positive step forward. It sets forth firmly defined legal guidelines that minimize the possibility of public-sector labor disputes and provides for the orderly resolution of any disputes that occur. This law brings stability and clarity to an area where there had been none and will facilitate the determination of the rights and obligations of government employees and employers, and give them more time to provide safety, education, sanitation, and other important services. In addition, the Act assures that both public employers and employees will be accorded many of the same rights and be governed by many of the same responsibilities as employees and employers in the non-public sector. In now being treated relatively equally with employees in the private-sector, public employees have been removed from second-class citizenship.

II

Recognizing the foregoing purposes, the issue in this case is whether the “Dayton Amendment,” R.C. 4117.01(F)(2), meets those purposes and whether the provision in question violates any of the guarantees of the Constitution of the state of Ohio or the Constitution of the United States.

Section 26, Article II of the Ohio Constitution provides, in part, that “[a]ll laws, of a general nature, shall have a uniform operation throughout the state * * *. ” This court noted in Brown v. State, ex rel. Merland (1929), 120 Ohio St. 297, at 304, that “* * * ‘[i]f the subject does or may exist in, and affect the people of every county, in the state, it is of a general nature.’ ” It is clear that the Public Employees Collective Bargaining Act is a law of statewide concern since it affects persons in every county of the state.

The question then becomes whether the Act, and specifically the second sentence of R.C. 4117.01(F)(2), has uniform operation throughout the state. As we have seen, the provision does not affect any employees in the state except those specific policemen and fire fighters in the city of Dayton who have previously been determined to be “supervisors.” In its clearest sense, the provision involved bears every evidence of special legislation affecting, to their detriment, only one group of employees while granting to [6]*6all other employees in the state, likely situated, the full protection and rights afforded by the Act. Cf. Andrews v. State, ex rel. Henry (1922), 104 Ohio St. 384. Thus, we find that the provision in question does not have a uniform operation throughout the state.

Section 2, Article I of the Ohio Constitution provides that “[a]ll political power is inherent in the people. Government is instituted for their equal protection and benefit * * This provision is the functional equivalent of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. State, ex rel. Heller, v. Miller (1980), 61 Ohio St. 2d 6, 8 [15 O.O.3d 3]. That provision provides that “[n]o State shall * * * deny to any person within its jurisdiction the equal protection of the laws.”

Generally speaking, these provisions do not restrict the government’s ability to classify persons, so long as the classifications that are created are rationally related to a legitimate government interest. Kinney v. Kaiser Aluminum & Chemical Corp. (1975), 41 Ohio St. 2d 120, 123 [70 O.O.2d 206]. To avoid violating the above-quoted Equal Protection Clauses, a classification made by state legislation “* * * ‘must rest upon some ground of difference having a fair and substantial relation to the object of the legislation.’ * * *” Allied Stores of Ohio, Inc. v. Bowers (1959), 358 U.S. 522, 527. The question thus becomes whether the legislature’s decision to exempt, in effect, Dayton Police Department sergeants, lieutenants and captains5 from the collective bargaining rights, granted to all other similarly situated police personnel in Ohio, bears a fair and substantial relation to the object of the Public Employees Collective Bargaining Act.

We hold that it does not bear any such relation. The purpose of the “Dayton Amendment” is to deny certain Dayton municipal employees the collective bargaining rights enjoyed by all other similarly situated municipal employees in Ohio. If there is a reason for exempting Dayton employees from the rights enjoyed by all others, then that reason is not contained in the record of this case. Frankly, this classification makes no sense and this is especially so when one considers that the “Dayton Amendment,” which takes away from these employees the rights and protections of the Act, does not, as a corollary, relieve these employees from the obligations and proscriptions found in R.C. 4117.15. The purpose of the Act is to minimize public-sector labor conflict and to provide a mechanism for resolving disputes when they arise. The second sentence of R.C. 4117.01(F)(2) does not accomplish this purpose.

In sum, the “Dayton Amendment” classification appears to be without any legitimacy and is the very kind of arbitrary legislative enactment that [7]*7is prohibited by the equal protection guarantees of both the Ohio and United States Constitutions.

Ill

In addition to arguing that the second sentence of R.C. 4117.01(F)(2) does not violate Section 26, Article II and Section 2, Article I of the Ohio Constitution, and the Fourteenth Amendment to the United States Constitution, respondent city of Dayton contends that mandamus is not an appropriate remedy to be pursued by relator because it has an adequate remedy at law. Respondent Dayton also argues that what relator really seeks is a declaratory judgment as to the constitutionality of a statute. We reject both of these contentions.

Respondent relies upon R.C. 2506.01 which provides, in pertinent part, that:

“Every final order, adjudication, or decision of any officer, tribunal, authority, board, bureau, commission, department or other division of any political subdivision of the state

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Blaine v. State Emp. Relations Bd.
2025 Ohio 2233 (Ohio Court of Appeals, 2025)
State ex rel. Staple v. State Emp. Relations Bd.
2024 Ohio 140 (Ohio Court of Appeals, 2024)
Harris v. Ohio Dep't of Veterans Servs.
2018 Ohio 2165 (Ohio Court of Appeals, 2018)
Harrison Hills Teachers Assn. v. State Emp. Relations Bd.
2016 Ohio 4661 (Ohio Court of Appeals, 2016)
Wisconsin Education Ass'n Council v. Walker
824 F. Supp. 2d 856 (W.D. Wisconsin, 2012)
State Ex Rel. City of Cleveland v. Sutula
2010 Ohio 5039 (Ohio Supreme Court, 2010)
State v. Johnson, 06ca650 (5-2-2007)
2007 Ohio 2176 (Ohio Court of Appeals, 2007)
Abrams-Rodkey v. Summit County Children Services
836 N.E.2d 1 (Ohio Court of Appeals, 2005)
State v. Taft, Unpublished Decision (12-16-2003)
2003 Ohio 6828 (Ohio Court of Appeals, 2003)
State v. State E.R.B.
789 N.E.2d 636 (Ohio Court of Appeals, 2003)
Woods v. Miamisburg City Schools
254 F. Supp. 2d 868 (S.D. Ohio, 2003)
City of Dublin v. State
2002 Ohio 2431 (Court of Common Pleas of Ohio, Franklin County, Civil Division, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
488 N.E.2d 181, 22 Ohio St. 3d 1, 22 Ohio B. 1, 1986 Ohio LEXIS 542, 124 L.R.R.M. (BNA) 2649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dayton-fraternal-order-of-police-lodge-no-44-v-state-ohio-1986.