In the case of Career & Technical Assn. v. Auburn Vocational School Dist. Bd. Of Edn., 2022- Ohio-2737, the Court of Appeals held that a board of education’s unilateral modification to a collective bargaining agreement in termination of a stipend fell outside the scope of R.C. Chapter 4117, thus removing exclusive jurisdiction from the State Employment Relations Board (SERB).
Here, the board argued that the union’s initial complaint regarding the refusal to pay a stipend asserted unfair labor practices under the collective bargaining agreement and R.C. Chapter 4117, and thus fell under the exclusive jurisdiction of SERB. The board also argued that its termination of the stipend acted as a unilateral modification to the collective bargaining agreement, which fundamentally violated the teachers’ right to collective bargaining. The Court disagreed with the board’s assertions.
In support of its decision, the Court first reasoned that the issue in this case did not involve unfair labor practices but rather involved the interpretation of a provision in the collective bargaining agreement, and therefore did not fall within the exclusive jurisdiction of SERB. Furthermore, the Court found that the board’s termination of the stipend did not abrogate the teachers’ right to collectively bargain because the board’s actions were supported by a reasonable interpretation of the collective bargaining agreement’s provision. Lastly, the Court held that R.C. 4117.03(A)(4) did not confer exclusive jurisdiction to SERB under these circumstances since the teachers’ right to collectively bargain was not compromised by the board’s actions and the real issue was the interpretation of a provision in the collective bargaining agreement.
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.