State ex rel. Cleveland v. Russo (Slip Opinion), 2019 Ohio 1595

Cleveland fire chief decided in Dec. 2018 to move firefighters’ 24-hour shift start from 8:30 a.m. to 7:00 a.m., effective Feb. 11, 2019.
The union (IAFF Local 93), the exclusive bargaining representative, objected and filed an unfair-labor-practice charge with the State Employment Relations Board (SERB) under R.C. Chapter 4117 on Jan. 31, 2019.
On Feb. 6, 2019 the union filed suit in Cuyahoga County Common Pleas Court seeking declaratory relief and an injunction/TRO to block the shift-change pending bargaining, alleging violations of R.C. 4117.08 and unfair labor practices under R.C. 4117.11.
Judge Nancy M. Russo denied the defendants’ motion to dismiss for lack of subject-matter jurisdiction, issued a TRO staying the shift change, and set further proceedings.
The City of Cleveland filed an original action in the Ohio Supreme Court seeking a writ of prohibition, arguing Judge Russo patently and unambiguously lacked jurisdiction because SERB has exclusive jurisdiction over claims arising from R.C. Chapter 4117.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the common pleas court has jurisdiction over the union’s declaratory/injunctive claims about shift changes	Cleveland: SERB has exclusive jurisdiction over matters arising under R.C. Chapter 4117, so the trial court lacks jurisdiction	Judge Russo / Union: Complaint includes individualized hardship claims (child-custody, family-care, personal harm) and court can grant declaratory relief without awaiting SERB because administrative process would be dilatory	Held: Trial court patently and unambiguously lacks jurisdiction; claims arise from collective-bargaining rights under R.C. Chapter 4117 and fall within SERB’s exclusive jurisdiction; writ of prohibition granted

Brecksville Edn. Assn. v. State Emp. Relations Bd., 74 Ohio St.3d 665 (1996) (describes SERB’s role administering the Public Employees Collective Bargaining Act)
Franklin Cty. Law Enforcement Assn. v. Fraternal Order of Police, Capital City Lodge No. 9, 59 Ohio St.3d 167 (1991) (SERB has exclusive jurisdiction over matters committed to it by R.C. Chapter 4117; remedies in the chapter are exclusive for claims depending on those rights)
State ex rel. Fraternal Order of Police, Ohio Labor Council v. Franklin Cty. Court of Common Pleas, 76 Ohio St.3d 287 (1996) (ordering prohibition where common pleas court asserted jurisdiction over matters within SERB’s exclusive province)
Ohio Civ. Serv. Emps. Assn. v. State, 146 Ohio St.3d 315 (2016) (reiterating that SERB jurisdiction depends on whether claims arise from rights created by R.C. Chapter 4117)
State ex rel. Cleveland v. Sutula, 127 Ohio St.3d 131 (2010) (trial courts cannot bypass SERB by hearing declaratory-judgment actions that depend on R.C. Chapter 4117)
Ohio Historical Soc. v. State Emp. Relations Bd., 66 Ohio St.3d 466 (1993) (same principle limiting courts’ declaratory jurisdiction when Chapter 4117 rights are implicated)