Legal Opinion · Dissent

State ex rel. Service Employees International Union, District 925 v. State Employment Relations Board

Ohio Supreme Court

Decided February 25, 1998No. 97-630Published

1DissentCook, J.

I respectfully dissent because I disagree with the majority’s determination that SERB abused its discretion in finding that there *183was no probable cause for a hearing on relators’ unfair labor practice charge. The májority improperly assails SERB’S decision based on (1) a differing interpretation of the policy aspects of R.C. Chapter 4117 and (2) a differing view of how SERB should have exercised its discretion with respect to issuing a complaint.

The majority opinion, in essence, holds that any decision by a public employer to privatize is an unfair labor practice. It construes R.C.…

2Cases cited5 opinions

  1. State ex rel. Grady v. State Employment Relations BoardOhio Supreme Court · 1997
  2. State Employment Relations Board v. Adena Local School District Board of EducationOhio Supreme Court · 1993
  3. State Employment Relations Board v. Miami UniversityOhio Supreme Court · 1994
  4. State v. SolomonOhio Supreme Court · 1994
  5. State ex rel. Hammond v. Public Employees Retirement SystemOhio Supreme Court · 1972

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