# State ex rel. Gabriel v. City of Youngstown

> Ohio Supreme Court · June 19, 1996 · 75 Ohio St. 3d 618

URL: https://www.frixlaw.com/law-library/cases/6773719

## Case

- **Full name:** The State ex rel. Gabriel v. City of Youngstown Ohio Council 8, American Federation of State, County and Municipal Employees, AFL-CIO
- **Court:** Ohio Supreme Court
- **Decided:** June 19, 1996
- **Citations:** 75 Ohio St. 3d 618; 665 N.E.2d 209
- **Precedential status:** Published
- **Opinion:** Concurrence by Douglas
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6773719

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6773719. Public record. Not legal advice.