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SERB Has Exclusive Jurisdiction over Collective Bargaining Rights

In the case of Readinger v. Mun. Constr. Equip. Operators, 2019-Ohio-1436, an Ohio appellate court held that the claims asserted by current and former union members against their certified bargaining representative were so “inextricably intertwined” with their rights under the collective bargaining that the Ohio State Employment Relations Board (“SERB”) had exclusive jurisdiction over their claims.

In this case, several former and current union members filed a lawsuit against the certified bargaining representative in an effort to force the bargaining representative “to provide an accounting as to how it spends the membership dues it collects.” Readinger at ¶ 7.

The Ohio appellate court noted that R.C. 4117.19 already requires employee certified bargaining representatives to provide an accounting of all income and expenses and further empowers SERB to enforce this requirement. Because the claims involved the accounting of an employee certified bargaining representative – which is covered under collective bargaining statutes, the Ohio appellate court concluded that the claims were subject to the exclusive jurisdiction of SERB.  Specifically, the Ohio appellate court found that the claims were “inextricably intertwined with the collective bargaining rights” such that SERB had exclusive jurisdiction over the matter. Readinger at ¶ 22.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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