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SERB Has Exclusive Jurisdiction Over Disputes Regarding The Formation and Negotiation Of A Collective Bargaining Agreement

In Fraternal Order of Police Ohio Labor Council, Inc. v. Uhrichsville, 2018-Ohio-3344, an Ohio appellate court ruled that the parties to a collective bargaining agreement (“CBA”) could not arbitrate issues arising out of the formation and negotiation of a new CBA.

In this case, the city and union could not agree on the pension provisions of a successor collective bargaining agreement. The union sought to arbitrate the issue but the city refused. As a result, the union sought a court order to compel the city to arbitrate the dispute.

The city argued that its refusal to arbitrate was an unfair labor practice issue which fell under the exclusive jurisdiction of the State Employment Relation Board (“SERB”) and the appellate court agreed.  Specifically, the Ohio appellate court determined that any issue arising during the formation and negotiation of a CBA could only be resolved as an unfair labor dispute, which is the exclusive jurisdiction of SERB.

To read this case, click here.

Authors: Matthew John Markling, Patrick Vrobel, and John Sulik.

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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