The case of Greater Dayton Regional Transit Auth. v. Amalgamated Transit Union AFL-CIO Local 1385, 2019-Ohio-392, serves as yet another reminder that management rights may be contracted away in a collective bargaining agreement.
As a general rule, employers retain “the right to exercise certain management rights [such as assigning job duties], unless a specific provision in the agreement provide[s] otherwise.” Greater Dayton Regional Transit Auth. at ¶ 35. And, in this case, the Ohio appellate court found that the employer could not unilaterally reassign a job duty as a specific provision in the collective bargaining agreement already assigned that job duty to a certain class of employees.
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.