Legal Opinion

Fort Frye Teachers Ass'n v. State Employment Relations Board

Ohio Supreme Court

Decided June 23, 2004No. Nos. 2003-0207 and 2003-0254PublishedCited by 3 opinions

1Opinion of the CourtPfeifer, J.

{¶ 1} We are asked to determine whether the State Employment Relations Board (“SERB”) has discretion to find that an unfair labor practice (“ULP”) has not been committed when a determination that an employer’s motivation was improper cannot be contested because of issue preclusion. We conclude that it does not. We are also asked to determine whether a previously decided civil rights action necessarily precludes a party from seeking monetary damages before SERB. We conclude that it does not.

{¶ 2} In Ft. Frye Teachers Assn., OEA/NEA v. State Emp. Relations Bd. (1998), 81 Ohio St.3d 392,…

2Cases cited5 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Goodson v. McDonough Power Equipment, Inc.Ohio Supreme Court · 1983
  3. Krahn v. KinneyOhio Supreme Court · 1989
  4. Fort Frye Teachers Ass'n v. State Employment Relations BoardOhio Supreme Court · 1998
  5. State Employment Relations Board v. Adena Local School District Board of EducationOhio Supreme Court · 1993

3Cited by3 opinions

  1. Woodrow v. HeintschelOhio Court of Appeals · 2011
  2. State v. SweetingOhio Court of Appeals · 2019
  3. Harris v. CrosbyOhio Court of Appeals · 2012

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