Central Ohio Transit Authority v. Transport Workers Union of America

The central question presented to this court is whether R.C. 4117.16(A) violates the doctrine of separation of powers. We hold that it does not.

R.C. 4117.16(A) provides:

“Whenever the public employer believes that a lawful strike creates clear and present danger to the health or safety of the public, the public employer may petition the court of common pleas having jurisdiction over the parties to issue a temporary restraining order enjoining the strike. If the court finds probable cause to believe that the strike may be a clear and present danger to the public health or safety, it has…