Ohio Historical Society v. State Employment Relations Board

I concur in the judgment of the majority which affirms the judgment of the court of appeals that permits Ohio Historical Society (“OHS”) to maintain a declaratory judgment action in the trial court in order to determine whether the State Employment Relations Board (“SERB”) properly concluded it was a “public employer” for purposes of R..C. Chapter 4117. As the court of appeals noted, “[i]nasmuch as the trial court’s decision to grant or deny declaratory relief is usually a discretionary one, this matter must be reversed and remanded to that court to allow it to reconsider its action and…