In the case Ruehmer v. Queen City Lodge, 2021-Ohio-2904, the Fifth District Court of Appeals held that the State Employment Relations Board (“SERB”) has exclusive jurisdiction over matters that are inextricably intertwined with public employees’ collective bargaining.
Here, union members argued that the tally of votes resulting in the failure of a motion was improperly calculated. Union representatives argued that voting procedure is a matter contained in the collective bargaining agreement and as such, should be handled by SERB. The Court of Appeals agreed.
The Court held that because the argument over the tally of votes directly related to the employees’ ability to be involved with an employee organization of their own choosing, SERB was the proper venue.
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.