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Community Based Correctional Facility Employees Are No Longer Public Employees For Collective Bargaining Purposes

In the case of Professionals Guild of Ohio v. Lucas Cty. Corr. Facility, 2019-Ohio-2522, an Ohio appellate court held that the collective bargaining statutes no longer apply to community based correctional facility (“CBCF”) employees.

In this case, CBCF employees formed a union and entered into collective bargaining negotiations with the county. Prior to agreeing the a collective bargaining agreement, the Ohio General Assembly amended the collective bargaining statutes to exclude CBCF employees from the definition of public employees.

Under the newest form of the collective bargaining statutes, the CBCF union sought to enter into collective bargaining negotiations with the county but was denied by the Ohio State Employment Relations Board (“SERB”), which found that the current version of the collective bargaining statutes removed CBCF employees from the definition of public employees and, therefore, neither CBCF employees nor its union could not enter collective bargaining negotiations with the county. On appeal, the Ohio appellate court agreed with SERB.

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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