Opinion

Mentor Exempted Village School District Board of Education v. State Employment Relations Board

  • 76 Ohio App. 3d 465
  • 602 N.E.2d 374
  • 1991 Ohio App. LEXIS 5722
Court
Ohio Court of Appeals
Filed
Dec 2, 1991
Status
Published
Author
Mahoney
On the bench
Ford, Mahoney, Ninth
Cited by
1 cases

The opinion

Edward J. Mahoney, J.,

dissenting.

I respectfully dissent.

I believe that the language of R.C. 4117.11(A) that it is an unfair labor practice to “(1) Interfere with, restrain, or coerce employees * * *; * * * (5) Refuse to bargain collectively * * *; * * * [and] (8) Cause or attempt to cause an employee organization * * * to violate * * * ” is suggestive that there must be a showing of something more than mere contact of a noncoer-cive, nonthreatening, nonpromissory nature which does not seek a response. I believe there must be some evidence that the act was done purposely or there was a probability the result would occur.

It is doubtful that the same Negotiations Report, if made directly to the news media for the consumption of the general public, would be considered an unfair labor practice. Certainly, the employees would get knowledge of it. Does its mailing directly to the employees change its effect? Should unfairness be judged by the result in the “eyes of the beholder”? I think not. However, by the court’s decision today, SERB may freely determine “unfairness” by its result upon the union without regard to intent, motive or purpose.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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