Tipp City Edn. Assn. v. Tipp City Exempted Village School Dist. Bd. of Edn.

Citations

• 228 N.E.3d 13
• 2023 Ohio 4000

Syllabus

The trial court erred in sustaining appellee-school district's motion to dismiss under Civ.R. 12(B)(1) for lack of subject matter jurisdiction as to appellant-labor union. The Ohio State Employment Relations Board did not have exclusive jurisdiction over the claims alleged by the union in the complaint, because the allegations arose from the parties' collective bargaining agreement and the claims did not constitute unfair labor practices as set forth in R.C. 4117.11. However, a teacher-employee who was not a party to the collective bargaining agreement could not bring a private lawsuit under R.C. Chapter 4117. Judgment affirmed in part and reversed in part.