State ex rel. Ballog v. State Emp. Relations Bd.
2012 Ohio 4401
Ohio Ct. App.2012Background
- Ballog was terminated from CMHA on March 24, 2010.
- Ballog, an AFSCME Local 1355 member, had a grievance through the union that CMHA denied.
- SERB dismissed Ballog’s unfair labor practice charge for lack of probable cause and as untimely.
- Ballog sought a writ of mandamus to reinstate the charge, pursue a complaint against the union, and hold a hearing under Chapter 4117.
- Ballog admitted accessing her Section 8 record without authorization and contends she did not delete anything; SERB found no timely communication by the union to Ballog.
- The trial court granted SERB’s summary-judgment motion and denied Ballog’s summary-judgment motion; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did SERB abuse its discretion in dismissing the ULP for lack of probable cause? | Ballog | SERB relied on the record and findings showing inadequate representation | No abuse; dismissal proper. |
| Was Ballog’s ULP timely filed under R.C. 4117.12(B)? | Ballog | Ballog filed after the 90-day window | Untimely; relief denied. |
| Is mandamus the proper remedy to challenge SERB’s dismissal? | Ballog | Review limited; court defers to SERB findings | Writ denied; summary judgment affirmed. |
| Did evidence about deletion of the Section 8 record affect timeliness or merits? | Ballog denies deletion | Record supports unauthorized access or deletion | SERB findings; no basis to override. |
| Did Ballog’s access to Section 8 records and alleged deletion undermine fair representation? | Ballog | Unions’ duties not met; actions improper | Court deferential to SERB; no mandamus relief. |
Key Cases Cited
- State ex rel. Hall v. State Emp. Relations Bd., 122 Ohio St.3d 528 (2009-Ohio-3603) (mandamus review of SERB decisions; abuse must be shown on the facts at the time of decision)
- State ex rel. Crumbley v. State Empl. Relations Bd., 8th Dist. No. 95299 (2011-Ohio-735) (defer to SERB findings; record-supported conclusions)
- Portage Lakes Edn. Assn., OEA/NEA v. State Empl. Relations Bd., 95 Ohio St.3d 533 (2002-Ohio-2839) (deference to SERB; review limited to SERB record)
- State ex rel. Rust v. Lucas Cty. Bd. of Elections, 101 Ohio St.3d 63 (2004-Ohio-9) (timeliness and consideration of late filings)
- State ex rel. Leigh v. State Empl. Relations Bd., 76 Ohio St.3d 143 (1996) (abuse of discretion standard; deference to SERB)