State ex rel. Thelen v. State Emp. Relations Bd.

Citations

• 2022 Ohio 2883

Syllabus

R.C. 4117.11 – MANDAMUS: The trial court abused its discretion in denying relator's complaint for a writ of mandamus on the basis that relator's unfair-labor-practice charge had been determined at arbitration because the arbitration was limited to determining the merits of a grievance filed under the collective-bargaining agreement and did not concern relator's unfair-labor-practice charge filed under R.C. 4117.11, and the teaching position that was the subject of the arbitration was separate from the teaching position that was the basis for the unfair-labor-practice charge. [But see DISSENT: The trial court did not abuse its discretion in denying relator's complaint for a writ of mandamus because the State Employment Relations Board investigated relator's unfair-labor-practice charge and found that the charge was not supported by probable cause.]