State ex rel. Rootstown Local School District Board of Education v. Portage County Court of Common Pleas

678 N.E.2d 1365, 78 Ohio St. 3d 489, 1997 Ohio LEXIS 1019, 157 L.R.R.M. (BNA) 2891
CourtOhio Supreme Court
DecidedApril 28, 1997
DocketNo. 97-233
StatusPublished
Cited by112 cases

This text of 678 N.E.2d 1365 (State ex rel. Rootstown Local School District Board of Education v. Portage County Court of Common Pleas) 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. Rootstown Local School District Board of Education v. Portage County Court of Common Pleas, 678 N.E.2d 1365, 78 Ohio St. 3d 489, 1997 Ohio LEXIS 1019, 157 L.R.R.M. (BNA) 2891 (Ohio 1997).

Opinion

Per Curiam.

Prohibition: General Rules

In their propositions of law, relators assert that they are entitled to a writ of prohibition because the common pleas court lacks jurisdiction over the claims in the underlying action.

In order for a writ of prohibition to issue, relators must establish that (1) the common pleas court is about to exercise judicial or quasi-judicial power, (2) the exercise of that power is unauthorized by law, and (3) denying the writ will result in injury for which no other adequate remedy exists in the ordinary course of law. State ex rel. Lipinski v. Cuyahoga Cty. Court of Common Pleas (1995), 74 Ohio St.3d 19, 20, 655 N.E.2d 1303, 1305. Here, it appears uncontroverted that unless prevented, the common pleas court will conduct further proceedings in the underlying action. Therefore, the pertinent issues are whether the common pleas court’s intended exercise of judicial authority is unauthorized and whether denying the writ will result in injury for which no other adequate remedy exists in the ordinary course of law.

Absent a patent and unambiguous lack of jurisdiction, a tribunal having general subject-matter jurisdiction of a case possesses authority to determine its own jurisdiction, and a party challenging its jurisdiction has an adequate remedy by postjudgment appeal from its holding that it has the requisite jurisdiction. [492]*492Whitehall ex rel. Wolfe v. Ohio Civ. Rights Comm. (1995), 74 Ohio St.3d 120, 123-124, 656 N.E.2d 684, 688.

Conversely, appeal does not constitute an adequate remedy and does not bar extraordinary relief if the tribunal patently and unambiguously lacks jurisdiction over the case. State ex rel. Lewis v. Moser (1995), 72 Ohio St.3d 25, 28, 647 N.E.2d 155, 157. Relators contend that the common pleas court patently and unambiguously lacks jurisdiction over the various claims raised by the intervening respondents. In addressing relators’ argument, we need not expressly rule on these jurisdictional issues, since our review is limited to whether the common pleas court’s jurisdiction is patently and unambiguously lacking. State ex rel. Willacy v. Smith (1997), 78 Ohio St.3d 47, 52, 676 N.E.2d 109, 113.

Patent and Unambiguous Lack of Jurisdiction: . Particular Claims

The intervening respondents alleged claims in mandamus, injunction, and declaratory judgment in the common pleas court that are premised on R.C. 3319.081, the Ohio Constitution, and Section 4(A) of Am.Sub.S.B. No. 133 (140 Ohio Laws, Part I, 336, 337). Relators do not deny that the common pleas court possesses basic statutory jurisdiction over actions in mandamus, injunction, and declaratory judgment. R.C. 2731.02, 2727.03, and 2721.02.

Instead, relators contend that the common pleas court patently and unambiguously lacks jurisdiction over the intervening respondents’ action because their claims are within SERB’S exclusive jurisdiction. If a party asserts claims that arise from or are dependent on the collective bargaining rights created by R.C. Chapter 4117, SERB possesses exclusive jurisdiction over the claims. Franklin Cty. Law Enforcement Assn. v. Fraternal Order of Police, Capital City Lodge No. 9 (1991), 59 Ohio St.3d 167, 572 N.E.2d 87, paragraphs one and two of the syllabus. Therefore, a writ of prohibition will issue to prevent a common pleas court from exercising jurisdiction over a case which is patently and unambiguously within SERB’S exclusive jurisdiction. State ex rel. Fraternal Order of Police, Ohio Labor Council, Inc. v. Franklin Cty. Court of Common Pleas (1996), 76 Ohio St.3d 287, 289-290, 667 N.E.2d 929, 931.

Relators rely on Fraternal Order of Police (1996) and Vandaliar-Butler City School Dist. Bd. of Edn. v. State Emp. Relations Bd. (Aug. 15, 1991), Montgomery App. No. 12517, unreported, 1991 WL 355161, to support their contention that the common pleas court patently and unambiguously lacks jurisdiction over the R.C. 3319.081 contract claims. In Fraternal Order of Police, the court granted a writ of prohibition to prevent a common pleas court from proceeding because the case involved claims arising from and dependent on existing collective bargaining agreements and conduct allegedly constituting unfair labor practices under R.C. [493]*4934117.11. In Vandalia-Butler, the court of appeals affirmed a common pleas court’s affirmance of a SERB order finding a board of education guilty of committing an unfair labor practice for implementing a final offer before an impasse had occurred.

Relators’ reliance on these cases is misplaced. In Fraternal Order of Police, 76 Ohio St.3d 287, 667 N.E.2d 929, the claims arose from an existing collective bargaining agreement. The agreement here, however, has expired. Similarly, despite relators’ contentions to the contrary, Vandalia-Butler did not hold that an employer’s validly implemented final offer following impasse constitutes a collective bargaining agreement “as a matter of law.” As the intervening respondents and the amici curiae note, a collective bargaining agreement must be approved by the employee organization, reduced to writing, and executed by the parties. R.C. 4117.09(A) and 4117.10(C).

Relators also assert that the common pleas court patently and unambiguously lacks jurisdiction over the intervening respondents’ main claims of entitlement to employment contracts with the board pursuant to R.C. 3319.081 because the terms and conditions of employment were addressed in the expired collective bargaining agreement, negotiated to ultimate impasse, and specified in relators’ implemented final offer.

This assertion likewise lacks merit. R.C. 4117.10(A) provides that “[w]here no agreement exists * * *, the public employer and public employees are subject to all applicable state or local laws or ordinances pertaining to the wages, hours, and terms and conditions of employment for public employees.” Therefore, it is arguable that R.C. 3319.081 prevails where no collective bargaining agreement exists. State ex rel. Internatl. Union of Operating Engineers v. Cleveland (1992), 62 Ohio St.3d 537, 584 N.E.2d 727 (Mandamus lies to resolve a wage dispute by compelling compliance with a city charter provision pursuant to R.C. 4117.10[A], when no collective bargaining agreement exists.); State ex rel. Boggs v. Springfield Local School Dist. Bd. of Edn. (1995), 72 Ohio St.3d 94, 95-96, 647 N.E.2d 788, 791 (Mandamus action to compel a board of education to recognize continuing and limited contracts of bus drivers after implementation of final offer following impasse under R.C. 3319.081 et seq. alleges sufficient facts to preclude dismissal for failure to state claim upon which relief can be granted.); see, also, State ex rel. Chavis v. Sycamore City School Dist. Bd. of Edn.

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Bluebook (online)
678 N.E.2d 1365, 78 Ohio St. 3d 489, 1997 Ohio LEXIS 1019, 157 L.R.R.M. (BNA) 2891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rootstown-local-school-district-board-of-education-v-portage-ohio-1997.