Streetsboro Education Ass'n v. Streetsboro City School District Board of Education

68 Ohio St. 3d 288
CourtOhio Supreme Court
DecidedFebruary 9, 1994
DocketNo. 92-2018
StatusPublished
Cited by12 cases

This text of 68 Ohio St. 3d 288 (Streetsboro Education Ass'n v. Streetsboro City School District Board of Education) 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
Streetsboro Education Ass'n v. Streetsboro City School District Board of Education, 68 Ohio St. 3d 288 (Ohio 1994).

Opinion

Alice Robie Resnick, J.

The issue presented is whether the provision contained in the parties’ collective bargaining agreement, Section C(l)(b), Article 3,1 specifying that appellant shall not be' responsible for paying the employer’s share of retirement payments made to STRS for an unpaid leave of absence, is valid and enforceable. Appellees claim that the provision is not enforceable because R.C. 3307.5122 specifically requires appellant to pay STRS the employer’s share whenever an employee who is a member of STRS elects to purchase service credit following a period of approved absence or leave. For the reasons which follow, we find Section C(l)(b), Article 3 of the collective bargaining agreement unenforceable.

[291]*291R.C. 4117.10(A) sets out the relationship between provisions of a collective bargaining agreement and state or local laws. R.C. 4117.10(A) first provides that a collective bargaining agreement “governs the wages, hours, and terms and conditions of public employment covered by the agreement.” From this it logically follows that if no state or local law makes a specification about a matter (i.e., if there is no conflict between the agreement and a law), then the agreement governs the parties as to that matter. Conversely, if a collective bargaining agreement makes no specification about a matter (i.e., if there is no conflict between a law and the agreement), then R.C. 4117.10(A) further provides that state and local laws generally apply to a public employer and its public employees regarding “wages, hours and terms and conditions” of employment.

When a provision in a collective bargaining agreement addresses a subject also addressed by a state or local law, so that the two conflict, R.C. 4117.10(A) delineates whether the collective bargaining provision or the law prevails. To do this, R.C. 4117.10(A) specifies certain areas in which laws will prevail over conflicting provisions of collective bargaining agreements. Consequently, where a provision of a collective bargaining agreement is in conflict with a state or local law pertaining to a specific exception listed in R.C. 4117.10(A), the law prevails and the provision of the agreement is unenforceable. However, if a collective bargaining provision conflicts with a law which does not pertain to one of the specific exceptions listed in R.C. 4117.10(A), then the collective bargaining agreement prevails. See State ex rel. Rollins v. Cleveland Hts.-University Hts. Bd. of Edn. (1988), 40 Ohio St.3d 123, 532 N.E.2d 1289, paragraph one of the syllabus (collective bargaining agreement prevails over conflicting law unless the law falls within an exception listed in R.C. 4117.10[A]). See, also, Cuyahoga Falls Edn. Assn. v. Cuyahoga Falls City School Dist. Bd. of Edn. (1991), 61 Ohio St.3d 193, 574 N.E.2d 442, paragraph two of the syllabus; Jurcisin v. Cuyahoga Cty. Bd. of Elections (1988), 35 Ohio St.3d 137, 143, 519 N.E.2d 347, 352-353.

Hence, the analysis employed to resolve whether the collective bargaining agreement or the state or local law prevails is straightforward: (1) Initially, we examine the relevant provision of the collective bargaining agreement and the relevant state or local law, and ask whether the agreement and the law conflict. (2) If there is a conflict, we then ask whether the conflicting law pertains to one of the areas listed in R.C. 4117.10(A). The law prevails if the two questions above are answered in the affirmative. If that is the case, the conflicting provision in the collective bargaining agreement is unenforceable.

R.C. 3307.512(B) provides that a member of STRS who has been on leave and is unable to make contributions through employer payroll deductions to STRS during the leave time may purchase service credit. Jahn and Thorne could purchase service credit following their leaves under R.C. 3307.512(B). This [292]*292statute allows any member of STRS to purchase service credit if the member has been absent from work due to “his [or her] own illness or injury, or who is, or has been, granted a leave for educational, professional, or other purposes pursuant to section 3319.13.” The parental leave taken by Jahn and Thome was an approved leave of absence for “other purposes” as provided for in R.C. 3319.13.

A member of STRS who chooses to purchase this service credit has several options on how to make the payments, depending on the member’s situation. The differing methods for making the payments are set out in R.C. 3307.512(C), (D), and (E). Both R.C. 3307.512(C) and (D) state that “[t]he employer shall pay [STRS] the employer contributions on the compensation amount certified under this division.” R.C. 3307.512(E) states that “[t]he employer shall pay to [STRS] for each year of credit purchased under this division * * *.” Jahn and Thorne proceeded under R.C. 3307.512(D) to purchase service credit. Because R.C. 3307.512 requires appellant to pay the employer’s share of service credit purchased, and the collective bargaining agreement provides that appellant is not responsible for paying the employer’s share, the statute and the collective bargaining agreement are in conflict.

Appellant argues that the statute and the agreement do not conflict, pointing to R.C. 3319.13, which provides that a board of education “may grant a leave of absence * * * for educational or professional or other purposes, and shall grant such leave where illness or other disability is the reason for the request.” (Emphasis added.) Appellant reasons that, pursuant to this provision, a board of education has discretion whether to grant a leave for certain purposes, but must grant a leave when the leave is for “illness or other disability.” Appellant argues that Jahn’s and Thorne’s parental leave falls within the “other purposes” language of the discretionary portion of the statute, and that, therefore, state law does not require that the leave be granted. Thus, appellant claims that the leave was granted pursuant to a provision of the collective bargaining agreement and not pursuant to any statute.

The provision of the collective bargaining agreement under which Jahn and Thorne were granted leave, Section B(2)(a), Article 3, reads: “A staff member * * * shall be entitled to a Leave of Absence, without pay for maternity or child care reasons * * *. Requests for extension of this leave shall be granted for one (1) or two (2) additional semesters * * *.” (Emphasis added.) Appellant essentially claims that the board of education gave up its discretion whether to grant unpaid parental leave in return for the education association’s agreement that the board of education would not be responsible for paying the employer’s share of such leave. Appellant contends that the collective bargaining agreement does not conflict with R.C. 3307.512 because the agreement provision which allegedly conflicts with that statute was given as a quid pro quo for another [293]*293benefit. In other words, appellant in effect argues that appellees should be estopped from alleging that a conflict exists.

We do not accept appellant’s argument in this regard.

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Bluebook (online)
68 Ohio St. 3d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/streetsboro-education-assn-v-streetsboro-city-school-district-board-of-ohio-1994.