In Fairland Assn. of Classroom Teachers v. Fairland Local Bd. of Edn., 2017-Ohio-1098, an Ohio appellate court found that the State Employee Relations Board (“SERB”) has exclusive jurisdiction over a breach of contract claim based solely upon an employee’s collectively bargained rights under a master agreement. In Fairland, a union and teacher filed a lawsuit […]
On March 27, 2017, Matthew John Markling is giving a presentation to educational service center superintendents at the “OESCA Education Innovation Summit & New Superintendent Orientation.” Mr. Markling’s presentation will cover the broad legal issues facing Ohio’s educational service centers. Mr. Markling serves as General Counsel to the Ohio Educational Service Center Association, which represents […]
In the case of State ex rel. Philbin v. Cleveland, 2017-Ohio-1031, an Ohio appellate court found that a “public office possesses the burden of proving that the records or redacted parts [of public records] are exempt from disclosure” and that courts will “resolve all doubts in favor of disclosure.” Philbin at ¶ 7. This case […]
In the case of Wright State Univ. v. Fraternal Order of Police, 2017-Ohio-854, an Ohio appellate court found that an arbitrator did not exceed his authority under the terms of the collective bargaining agreement (“CBA”) when the arbitrator reduced the discipline imposed by the university on a campus police officer. The case involved a campus […]
In the case of State ex rel. New Riegel Local School Dist. Bd. of Edn. v. Ohio School Facilities Comm., 2017-Ohio-875, an Ohio appellate court found the Ohio School Facilities Commission (“Commission”) did not owe a legal duty to reopen a construction project in order to assist a school district with funding to repair project […]
McGown & Markling represents political subdivisions and public officials throughout the State of Ohio and, frankly, we have been blessed to have clients who are dedicated to fully complying with the Ohio Sunshine Laws: The Ohio Public Records Act and The Ohio Open Meetings Act. Open and transparent government is the cornerstone of our democracy […]