Legal Opinion

Gibney v. Toledo Board of Education

Ohio Supreme Court

Decided December 29, 1988No. 87-2097PublishedCited by 20 opinions

1Opinion of the CourtLocher, J.

The primary issue presented in this action is whether, subsequent to April 1, 1984, appellees were required to exhaust any administrative remedies provided in R.C. 4117.01 et seq. prior to obtaining relief in the court of common pleas under Section 1983, Title 42, U.S. Code. We hold in the negative and, accordingly, affirm the decision of the court of appeals.

In Abood v. Detroit Bd. of Edn. (1977), 431 U.S. 209, the United States Supreme Court upheld agency shop service fees as being constitutionally valid as long as the agency shop agreement required every employee in the bargaining unit to…

2Cases cited17 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  3. Abood v. Detroit Board of EducationSupreme Court of the United States · 1977
  4. Felder v. CaseySupreme Court of the United States · 1988
  5. Ellis v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station EmployesSupreme Court of the United States · 1984

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3Cited by20 opinions

  1. Galland v. City of ClovisCalifornia Supreme Court · 2001
  2. Elvin v. Oregon Public Employes UnionOregon Supreme Court · 1992
  3. Gibney v. Toledo Board of EducationOhio Court of Appeals · 1991
  4. Hohe v. CaseyDistrict Court, M.D. Pennsylvania · 1989
  5. Miller v. District of ColumbiaDistrict of Columbia Court of Appeals · 1991

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