State ex rel. Leigh v. State Employment Relations Board

Leigh asserts in his sole proposition of law that the court of appeals erred in entering summary judgment, where there was sufficient evidence to raise a genuine issue of material fact whether SERB had abused its discretion in failing to properly investigate the unfair labor practice charge against ODAS.

Civ.R. 56(C) provides that before summary judgment may be granted, it must be determined that (1) no genuine issue as to any material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable minds can…