Opinion

City of Rocky River v. State Employment Relations Board

  • 43 Ohio St. 3d 1
  • 539 N.E.2d 103
  • 131 L.R.R.M. (BNA) 2952
  • 1989 Ohio LEXIS 67
Court
Ohio Supreme Court
Filed
May 10, 1989
Status
Published
Author
Moyer
On the bench
Brown, Douglas, Holmes, Moyer, Nick, Res, Sweeney, Wright
Cited by
100 cases
Authority
More cited than 15.1%

expressing concern over the notion that no statute enacted pursuant to Section 34 may ever be held unconstitutional based on any other provision in the Ohio Constitution

How later courts described this case

  • expressing concern over the notion that no statute enacted pursuant to Section 34 may ever be held unconstitutional based on any other provision in the Ohio Constitution
  • noting that the statutory section involved in the case was part of the Ohio Public Employees Collective Bargaining Act, R.C. Chapter 4117
  • upholding a state law mandating a bargaining procedure in disputes between public employers and employees because it “serves the purpose of promoting orderly public sector labor relations”
  • noting that Article II, Section 34 of Ohio's Constitution, which uses words such as health and welfare, is "so clear and unequivocal."

Written by the judges who cited it.

The opinion

Moyer, C.J.,

dissenting. For the reasons stated in the majority opinion in Rocky River v. State Emp. Relations Bd. (1988), 39 Ohio St. 3d 196 , 530 N.E. 2d 1 , and in Justice Wright’s analysis of Section 34, Article II of the *21 Constitution of Ohio, and because of the effect the majority opinion herein would have upon the substantial case law of Ohio regarding home-rule authority of charter cities, I dissent from the majority opinion.

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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