Cleveland v. State Emp. Relations Bd.

Citations

• 2024 Ohio 3018

Syllabus

Assignment of bargaining unit rights to non-bargaining unit employees waiver by union to bargain 4117.08 bad-faith ripeness for review. City adopted plan to hire part-time employees who would perform union work but not be members of union and took steps to hire those part-time employees. The City presented the plan to the union and maintained the position that it did not have to bargain with union over plan. Union discontinued meetings with City and filed unfair labor practice complaint with SERB. SERB held hearing and found City committed unfair labor practice and negotiated in bad faith. In overruling City's assigned errors in its administrative appeal, the trial court did not abuse its discretion in determining union did not explicitly waive the right to bargain the hiring of part-time employees who would be assigned bargaining unit work. The trial court did not abuse its discretion by determining that union did not waive its right to bargaining by discontinuing meeting with City because of City's continued position that it was not required to bargain. Because the issue of reassignment of bargaining unit work to non-bargaining unit employees has long been held to require negotiation, City's continued refusal acknowledge a duty to bargain, the trial court cannot be said to have abused its discretion by finding the City did not bargain was in good faith. The trial court did not abuse its discretion by finding that City's steps to hire employees made the issue of assignment of bargaining unit work to non-bargaining unit employees a present and imminent concern ripe for review.