In the case of Akron Assn. of Classified Personnel v. Akron City School Dist. Bd. of Edn., 2022-Ohio-3216, the appellate court held that retroactive pay increases for former employees are not collective bargaining rights pursuant to R.C. Chapter 4117, and therefore, the State Employment Relations Board (“SERB”) does not have exclusive jurisdiction over such claims.
Here, the union argued that the refusal of the school board to pay retroactive pay increases as pursuant to its collective bargaining agreement was a mere contractual dispute and did not infringe on the rights guaranteed to union employees under R.C. Chapter 4117. In response, the school board asserted that such claims arise from collective bargaining rights pursuant to R.C. Chapter 4117 and, therefore, such claims were subject to SERB’s exclusive jurisdiction. The dispositive test for SERB’s exclusive jurisdiction is whether “the claims arise from or depend on the collective bargaining rights created by R.C. Chapter 4117.” The appellate court agreed with the union.
In support of its decision, the appellate court reasoned that, in order for the union’s claim to fall under SERB’s exclusive jurisdiction, the right to the retroactive pay increase must be specifically enumerated within the four corners of R.C. Chapter 4117. The appellate court explained that just because the retroactive pay increase arose out of a collective bargaining agreement does not mean that R.C. Chapter 4117 created a right or obligation to such to fall within SERB’s exclusive jurisdiction.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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