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Trial Court Did Not Abuse its Discretion in Affirming SERB’s Ruling that City Committed Unfair Labor Practice

In the case of Youngstown v. State Emp. Relations Bd., 2021-Ohio-4591, the Seventh District Court of Appeals held that the trial court did not err in affirming the state employment relations board’s (“SERB”) ruling that the city committed an unfair labor practice by threatening to eliminate and later eliminating three positions and that such actions were retaliatory in nature.

Here, the Union alleged that the city retaliated against the Union for pursuing a radio safety equipment grievance to arbitration. The city argued that the trial court abused its discretion in upholding SERB’s decision and failing to consider SERB’s improper reliance on confidential mediation communications. The Court of Appeals disagreed.

The Court of Appeals reasoned that there was no evidence to establish that SERB relied on any confidential mediation statements when issuing its order and as such, the trial court did not abuse its discretion in affirming SERB’s order.

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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