Central Ohio Transit Authority v. Transport Workers Union of America

Because the majority has misconstrued the authority delegated to the State Employment Relations Board by the General Assembly in R.C. 4117.16(A) and, in its desire to reach the stated result, has ignored prior decisions of this court in analyzing the doctrine of separation of powers, I must respectfully dissent. R.C. 4117.16(A) unconstitutionally delegates legislative power to define the jurisdiction of common pleas courts to an administrative board whose discretion is neither guided by -an intelligible standard nor subject to effective judicial review.

The presumption that all statutes are…