583 N.E.2d 1111 | Ohio Ct. App. | 1990
This matter is before the court pursuant to an order of this court directing the parties to show cause why this appeal should not be dismissed for lack of a final appealable order. Appellee has also filed a motion to dismiss the appeal for the reason that the order of the common pleas court is not appealable under R.C.
The facts giving rise to this appeal are not generally in dispute. Appellant, Ohio Council 8, American Federation of State, County and Municipal Employees, AFL-CIO ("AFSCME"), was certified in 1985 as the exclusive representative for a bargaining unit comprised of employees of appellee, Miami University ("Miami"). In August 1986, AFSCME and Miami entered into a collective *253
bargaining agreement which expired in August 1989. A petition was filed in May 1989 with appellant, State Employment Relations Board ("SERB"), requesting that a decertification election be conducted pursuant to R.C.
Subsequently, Miami appealed the dismissal of the petition to the Franklin County Court of Common Pleas pursuant to R.C.
"A temporary injunction is hereby issued, restraining SERB from any further delay in proceeding promptly and properly with a decertification election, or such other election procedure as may be appropriate to determine (A) whether AFSCME presently represents the majority of Miami's employees so as to be entitled to be exclusive bargaining agent for these employees; and (B) depending upon the answer to (A), what organization, if any, is an appropriate exclusively [sic] bargaining agent for the petitioners, or whether a majority of the employees of Miami desire at this time to be represented by any exclusive bargaining agent.
"Pending resolution of these issues, AFSCME is temporarily enjoined from from [sic] proceeding further with any unfair labor practice allegation against Miami, and SERB is similarly enjoined from conducting any fact finding hearings or other procedures which might have as their ultimate result an Order compelling contract negotiations between Miami and AFSCME.
"This matter is remanded to SERB for such proceedings. The temporary injunction shall remain in effect until the procedures required by this Order are conducted, the election is held, and the results are announced by an appropriate Order from SERB. Bond is dispensed with, and this cause is continued for further Order."
SERB's motion before the common pleas court seeking a stay of the December 7, 1989 order was denied and this appeal followed, along with a motion to stay the trial court's order. This court, on January 5, 1990, granted a stay of the trial court's order directing SERB to conduct a decertification election conditioned upon appellants' showing why the appeal should not be dismissed for lack of a final appealable order. Miami moved this court on January 16, 1990 to dismiss this appeal because the December 7, 1989 order was neither final nor appealable under either R.C.
Upon review of the parties' arguments submitted in response to the January 5, 1990 order of this court, Miami's motion to dismiss is denied and the stay order previously entered is continued during the pendency of this appeal.
This court is empowered only to review judgments or final orders as provided for by statute. Section
Initially, this court must determine whether the December 7, 1989 order is appealable pursuant to R.C.
In this cause, Miami sought reversal, by way of R.C.
While it is true that the order styles the relief granted as "temporary," it quite clearly directs SERB to conduct the election. What further "permanent" relief the common pleas court could grant with respect to the administrative appeal taken by Miami from SERB's action is unclear.
Miami contends that the recent decision rendered in OhioHistorical Society v. State Emp. Relations Bd. (1990),
Here, the appeal being challenged is from an order of the common pleas court pursuant to R.C.
Furthermore, the December 7, 1989 order does not expressly contemplate any additional proceedings subsequent to the holding of the election. Rather, the order states only that the injunction is to remain in effect until the election is conducted and the results announced. As such, the order is similar, in principle, to those cases which find appealable those orders or judgments which fix the rights and obligations of the parties, but leave for future determination the manner of execution. See, e.g., Queen City S. L. Co. v. Foley (1960),
This court also concludes that the appeal filed by SERB and AFSCME is proper under R.C.
Additionally, Miami maintained throughout the appeal before the common pleas court that the failure of SERB to conduct a hearing of the decertification petition pursuant to R.C.
Based on the foregoing, Miami's motion to dismiss is denied. Having demonstrated good cause for this court to retain jurisdiction over this appeal, appellant's previous request for an order staying the December 7, 1989 judgment, insofar as it directs the holding of a decertification election, is granted. The parties are instructed to file their briefs in accordance with App.R. 18, the record having already been filed pursuant to App.R. 11(B).
Motion to dismiss deniedand motion for stay granted in part.
REILLY, P.J., and JOHN C. YOUNG, J., concur.