Association of Cuyahoga Cty. Teachers of Trainable Retarded v. Cuyahoga Cty. Bd. of Mental Retardation

I

The primary issue in this cause concerns the standard which a court should apply in determining whether it is proper to order a representation election for a bargaining unit of public employees serving under a collective *192bargaining contract. Appellant argues that this court’s holding in Civil Service Personnel Assn. v. Akron (1976), 48 Ohio St. 2d 25 [2 O.O.3d 98] (“Akron”), requires that “* * * the incumbent organization * * * be proven to have acted clearly and convincingly foreign to the interests of the employees in the bargaining unit” before a court could order a representation…