University Hospital v. State Employment Relations Board

I

The hearing officer whose findings were adopted by SERB determined that the house officers were not students excluded from the operation of the Public Employees’ Collective Bargaining Act pursuant to R.C. 4117.01(C)(11). A preliminary issue concerns the nature of this determination. The appellate court, while concluding that such determinations are questions of fact, nevertheless held that the trial court’s reversal of the order did not constitute an abuse-of-discretion. Although conceding that SERB’s order was supported by substantial evidence, the court concluded the abuse-of-discretion…