Opinion

State ex rel. Gabriel v. City of Youngstown

  • 75 Ohio St. 3d 618
  • 665 N.E.2d 209
Court
Ohio Supreme Court
Filed
Jun 19, 1996
Status
Published
Author
Douglas
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
35 cases

The opinion

Douglas, J.,

concurring. I concur in the judgment of the majority, and, in particular, in the majority’s finding that the employees of the Youngstown Board of Health are members of the bargaining unit covered by the collective bargaining agreement between Youngstown and AFSCME. However, I write separately because if this is so, and it is, then the sanitarians are subject to the grievance and arbitration procedures set forth in the collective bargaining agreement and, accordingly, mandamus would not be available to them. I believe the majority, to be consistent with its finding of bargaining-unit membership, should have denied mandamus relief.

Stratton, J., concurs in the foregoing concurring 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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