Legal Opinion · Dissent

Cuyahoga Falls Education Ass'n v. Cuyahoga Falls City School District Board of Education

Ohio Supreme Court

Decided July 31, 1991No. 90-1113Published

1DissentSweeney, J.

Since I believe that the court of appeals below impermissibly re-weighed the evidence presented to the trial court and merely substituted its judgment for that of the trier-of-fact, I must dissent from the majority opinion herein.

Given the language of the majority’s second syllabus paragraph, one would assume that the instant collective bargaining agreement conflicts with R.C. 3319.17. The majority trumpets its holding by proclaiming that where a conflict exists in situations of this type the collective bargaining agreement prevails. However, a clear reading of both the statute and the…

2Cases cited4 opinions

  1. Jacot v. SecrestOhio Supreme Court · 1950
  2. Whitley v. Canton City School District Board of EducationOhio Supreme Court · 1988
  3. Phillips v. South Range Local School District Board of EducationOhio Supreme Court · 1989
  4. Stow Teachers Ass'n v. Stow Board of EducationOhio Court of Appeals · 1981

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