State ex rel. Union Twp. v. Union Twp. Professional Firefighters, IAFF Loc. 3412
2014 Ohio 1582
Ohio Ct. App.2014Background
- Union Township (the Township) and IAFF Local 3412 failed to reach a collective-bargaining agreement and submitted final offers to a SERB-appointed conciliator under R.C. 4117.14. The conciliator issued a final-offer settlement awarding a 1% wage increase (made retroactive to Jan. 1, 2011) and increasing the standard annual hours for continuous-operation employees from 2,600 to 2,756.
- The conciliator’s award was incorporated into a written agreement prepared by the Township, which the Township was willing to sign but IAFF Local 3412 refused to sign.
- The Township filed (1) an unfair labor practice charge with SERB alleging IAFF Local 3412’s refusal to sign violated law, and (2) a mandamus action in state court seeking an order compelling IAFF Local 3412 to execute the agreement implementing the conciliator’s award.
- The trial court initially dismissed the mandamus claim for lack of jurisdiction; this court reversed, holding the common pleas court had jurisdiction to decide mandamus and remanded for disposition on the merits.
- On remand the trial court granted the Township’s motion for judgment on the pleadings and issued a writ of mandamus ordering IAFF Local 3412 to sign the agreement; IAFF Local 3412 appealed.
Issues
| Issue | Plaintiff's Argument (Township) | Defendant's Argument (IAFF Local 3412) | Held |
|---|---|---|---|
| Jurisdiction: Whether the common pleas court had power to grant mandamus | Mandamus in common pleas proper; court may enforce conciliation award | SERB has exclusive jurisdiction; mandamus duplicates SERB remedy | Common pleas court had jurisdiction (law of the case; prior appellate ruling upheld jurisdiction) |
| Collateral estoppel re: retroactivity of increased hours | Township: retroactivity of hours is open and may be enforced by mandamus | IAFF: SERB and Judge Herman already decided hours could not be retroactive; issue precluded | Collateral estoppel not established — prior proceedings did not decide retroactivity of hours and issue was not identical |
| Mandamus against a private entity | Township: statute makes conciliator award a binding mandate on the public employer and exclusive representative; mandamus may compel performance of statutory duty | IAFF: Mandamus only against public officials; cannot compel a private union; alternative remedies exist | Mandamus is available — IAFF is the exclusive representative and statute imposes a duty to implement the award, so mandamus may lie to compel signing |
| Adequate remedy at law (availability of SERB) | Township: SERB unfair-labor-practice process is distinct and not an adequate, complete remedy to compel immediate signing | IAFF: Township had SERB proceedings and that provided an adequate remedy | SERB remedy was not adequate or complete to ensure immediate implementation; writ appropriate |
Key Cases Cited
- State ex rel. Harris v. Rhodes, 54 Ohio St.2d 41 (1978) (defines mandamus elements)
- State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141 (1967) (mandamus will not lie to enforce a private right against a private person)
- City of Hubbard ex rel. Creed v. Sauline, 74 Ohio St.3d 402 (1996) (law-of-the-case doctrine explained)
- Goodson v. McDonough Power Equip., Inc., 2 Ohio St.3d 193 (1983) (collateral estoppel elements)
- State ex rel. Quarto Mining Co. v. Foreman, 79 Ohio St.3d 78 (1997) (failure to raise an argument below waives it on appeal)
- State ex rel. Freeman v. Valentine, 25 Ohio St.2d 184 (1971) (mandamus may lie to compel performance of a duty established by law)
- State ex rel. United Auto., Aerospace & Agricultural Implement Workers v. Bur. of Workers' Comp., 108 Ohio St.3d 432 (2006) (adequate remedy requires remedy to be complete, beneficial, and speedy)