Ohio Council 8, AFSME, AFL-CIO v. Lakewood

Citations

• 229 N.E.3d 1242
• 2023 Ohio 4212

Syllabus

Motion to dismiss Civ.R. 12(B)(1) lack of subject-matter jurisdiction exclusive jurisdiction SERB CBA collective bargaining rights R.C. Chapter 4711. Judgment reversed and remanded. Although the Union's application and motion to compel arbitration does not explicitly allege violations of R.C. Chapter 4117, substantively its claims arise from a labor dispute and resolution process set forth in the CBA, which stems from the rights created in R.C. Chapter 4117. The fact that the Union frames its action pursuant to R.C. 2711.03 is insufficient to vest jurisdiction in the common pleas court. Because the Union's application and motion to compel arbitration are based on rights set forth in R.C. Chapter 4117, its application and motion fall directly within the exclusive jurisdiction of SERB. Therefore, we find that the trial court erred by denying the City's motion to dismiss the Union's application and motion to compel arbitration for lack of subject-matter jurisdiction.