State ex rel. Mun. Constr. Equip. Operators' Labor Council v. State Emp. Relations Bd.
2017 Ohio 2624
| Ohio Ct. App. | 2017Background
- MCEO (union) was certified as exclusive representative for North Ridgeville non-teaching employees and negotiated a successor CBA with the Board from Jan 2014; the prior CBA had expired on June 30, 2013 but continued in force pending a new agreement.
- Article 3.12 of the expired CBA provided: if parties were unable to reach agreement within 45 calendar days of expiration, either party may declare impasse and the parties must submit remaining issues to FMCS mediation (an exclusive dispute-resolution procedure).
- After more than 45 days, on August 8, 2014 the Board declared impasse under Article 3.12 and requested FMCS; MCEO filed a ULP charge alleging the Board unlawfully refused to bargain.
- SERB investigator sought information from both parties, recommended dismissal for lack of probable cause, and SERB dismissed the complaint on Oct 9, 2014, finding the Board acted consistent with the CBA.
- MCEO sought mandamus from the court of appeals, arguing SERB abused its discretion (1) by treating Article 3.12 as permitting unilateral impasse despite ongoing willingness to negotiate, (2) by failing to apply an implied duty of good faith, and (3) by conducting an inadequate investigation or depriving MCEO of process.
- The magistrate and the court of appeals rejected MCEO’s contentions and denied the writ, holding SERB did not abuse its discretion and the CBA’s plain language controlled.
Issues
| Issue | Plaintiff's Argument (MCEO) | Defendant's Argument (Board / SERB) | Held |
|---|---|---|---|
| Whether Article 3.12 permits a party to declare impasse unilaterally after 45 days even if union remains willing to negotiate | Article 3.12 should be read in light of the Twinsburg/"ultimate impasse" standard; impasse requires no realistic prospect of fruitful negotiation | Article 3.12 plainly grants either party the right to declare impasse after 45 days and sends disputes to FMCS mediation | Court: Article 3.12 is unambiguous; it permits a party to declare impasse after 45 days regardless of "ultimate impasse" factors; SERB did not abuse discretion |
| Whether an implied common-law duty of good faith limits the Board’s right to invoke Article 3.12 opportunistically | Good-faith covenant prevents taking opportunistic advantage of the 45-day trigger when meaningful bargaining continues | The statutory good-faith bargaining duty exists under R.C. 4117.01(G) but the CBA expressly provides mediation as the agreed dispute-resolution mechanism; parties may voluntarily adopt alternative procedures | Court: No abuse of discretion; CBA governs and does not require continuation of direct bargaining once the 45 days expire and mediation is invoked |
| Whether SERB’s investigation and process were inadequate (denied due process) | SERB dismissed without a thorough investigation and MCEO lacked opportunity to respond to BOE’s dismissal motion | Investigator issued written requests to both parties, each submitted detailed responses and documentation, and the record shows service; no material prejudice | Court: SERB followed its procedures, MCEO had opportunity to present arguments, and no due-process violation occurred |
| Whether discovery in mandamus review is permitted to develop additional facts | Discovery needed to show bad-faith bargaining and investigation failures | Mandamus review of SERB dismissal is confined to the record as it existed when SERB decided; Portage Lakes limits post hoc discovery | Court: Denied discovery; review limited to existing SERB record |
Key Cases Cited
- Twinsburg City Sch. Dist. Bd. of Edn. v. State Emp. Relations Bd., 172 Ohio App.3d 535 (9th Dist. 2007) (adopts NLRB-derived "ultimate impasse" test: impasse exists only where further discussion has no realistic possibility of being fruitful)
- State ex rel. Portage Lakes Edn. Assn. v. State Emp. Relations Bd., 95 Ohio St.3d 533 (2002) (mandamus review of SERB dismissal limited to facts as they existed when SERB decided; discovery generally barred)
- Lorain City Sch. Dist. Bd. of Edn. v. State Emp. Relations Bd., 40 Ohio St.3d 257 (1988) (recognizes SERB’s broad authority and deference in administering R.C. Chapter 4117)
- Am. Fedn. of Television & Radio Artists v. NLRB, 395 F.2d 622 (D.C. Cir. 1968) (federal precedent defining "ultimate impasse" standard used by some Ohio decisions)