City of Rocky River v. State Employment Relations Board

Ordinarily we do not write in procedural matters, and I would not in this instance, but for one dissent which lays a false claim to the benefit of precedent, fails in a tortuous attempt to distinguish Joseph v. Dever (case No. 86-1688), and inaccurately states the facts of record.

First, the motion for reconsideration at issue was filed within ten days of the final decision in this case. The motions for rehearing filed on November 14, 1988 were granted in part. A clarification was issued on December 22, 1988. Thus the opinion of this court was not finalized until December 22, 1988. The motion…