In the case of State ex rel. Mun. Constr. Equip. Operators’ Labor Council v. Ohio State Emp. Relations Bd., 2017-Ohio-448, an Ohio appellate court upheld an order from the State Employment Relations Board (“SERB”) directing its representation section to proceed with a mail-ballot election to select new union representation for a bargaining unit after the expiration of the previous collective bargaining agreement (“CBA”).
The previous union representatives asserted that the election could not occur because the union and the employer were in the process of negotiating a successor agreement and established precedent provided that the terms of a CBA remain in full force and effect during the negotiation. The Ohio appellate court disagreed noting that such an argument blurred the distinction between the terms and conditions of the CBA versus the duration of the CBA. While the CBA’s terms and conditions may remain in full force and effect while negotiating a successor agreement, this does not mean that the duration of the CBA has not expired. In support of this conclusion, the appellate court relied upon the rationale of the appellate court magistrate judge, who explained that any contrary finding would prevent SERB from ever accepting petitions from competing unions given the high likelihood of active negotiations following the expiration of a CBA. And, since the duration of the CBA expired in this matter, SERB was required to accept representation petitions from competing unions.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
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.