In the case of State ex rel. Intl. Union of Operating Engineers, Local 20 v. State Employment Relations Bd., 2023-Ohio-1253, an appellate court held that an employment board did not have probable cause to investigate a school for an unfair labor practice under R.C. 4117.11 for a contractual dispute relating to the union and school’s collective bargaining agreement (“CBA”).
In this case, the union argued that the school engaged in unfair labor practices by forcing the union to agree to the school’s interpretation of the contract dispute by locking the union out of the school for four days. In response, the employment board argued that the dispute was over the interpretation of the contract, not an unfair labor practice and the union could have used the grievance procedure set out in the contract. The appellate court agreed with the employment board.
In support of its decision in favor of the employment board, the appellate court explained that the union repeatedly acknowledged the dispute was over the contract interpretation and that the proper remedy to this dispute was to follow the grievance procedure. The appellate court further explained that the union could have received immediate injunctive relief had the union followed the grievance procedure and “[t]he [u]nion’s own failure to follow the grievance procedure in the CBA does not create probable cause to support [the union’s] subsequent claim of an unfair labor practice.” 2023-Ohio-1253 at ¶ 21.
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.