Legal Opinion
State ex rel. Brecksville Education Ass'n v. State Employment Relations Board
Ohio Supreme Court
Decided March 1, 1996No. 95-576PublishedCited by 26 opinions
1Opinion of the CourtMoyer, C.J.
The issue presented is whether Section 4(A) of Am.Sub.S.B. No. 133 deprives the State Employment Relations Board of jurisdiction to consider a petition filed jointly by an employer and an exclusive bargaining representative that requests an amendment to the composition of a deemed certified bargaining unit.
“In order for a writ of mandamus to issue, a relator must demonstrate that (1) he or she has a clear legal right to the relief prayed for; (2) respondent is under a corresponding legal duty to perform the requested act; and (3) relator has no plain and adequate legal remedy.” State ex rel.…
2Cases cited9 opinions
- State ex rel. Cassels v. Dayton City School District Board of EducationOhio Supreme Court · 1994
- State ex rel. Dispatch Printing Co. v. WellsOhio Supreme Court · 1985
- State ex rel. Dayton Fraternal Order of Police Lodge No. 44 v. State Employment Relations BoardOhio Supreme Court · 1986
- State, Ex Rel. v. Indus. Comm.Ohio Supreme Court · 1933
- State ex rel. Glass, Molders, Pottery, Plastics & Allied Workers International Union, Local 333 v. State Employment Relations BoardOhio Supreme Court · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Ohio Civ. Serv. Emps. Assn. v. State (Slip Opinion)Ohio Supreme Court · 2016
- State ex rel. Rootstown Local School District Board of Education v. Portage County Court of Common PleasOhio Supreme Court · 1997
- State ex rel. Gabriel v. City of YoungstownOhio Supreme Court · 1996
- State ex rel. Alben v. State Employment Relations BoardOhio Supreme Court · 1996
- State ex rel. Kabert v. Shaker Heights City School District Board of EducationOhio Supreme Court · 1997
21 more not listed; retrieve them via the Exa API.