Lakewood

R.C. 4117.11—The test for jurisdiction of State Employment Relations Board (\SERB\) is whether one party filed charges with SERB alleging an unfair labor practice under R.C. 4117.11 or whether one party filed before a common pleas court a complaint alleging conduct that constitutes an unfair labor practice specifically enumerated in R.C. 4117.11—When a party does not allege an unfair labor practice or conduct that constitutes an unfair labor practice but instead raises a claim that is independent of the rights created by R.C. Ch. 4117, jurisdiction is not exclusive to SERB and may be exercised by a common pleas court—Because appellants did not allege that appellee engaged in an unfair labor practice or conduct that constitutes an unfair labor practice, SERB does not have exclusive jurisdiction over this case and jurisdiction was properly exercised by common pleas court—Court of appeals' judgment reversed and cause remanded to court of appeals.

Motion to dismiss Civ.R. 12(B)(1) lack of subject-matter jurisdiction exclusive jurisdiction SERB CBA collective bargaining rights R.C. Chapter 4711. Judgment reversed and remanded. Although the Union's application and motion to compel arbitration does not explicitly allege violations of R.C. Chapter 4117, substantively its claims arise from a labor dispute and resolution process set forth in the CBA, which stems from the rights created in R.C. Chapter 4117. The fact that the Union frames its action pursuant to R.C. 2711.03 is insufficient to vest jurisdiction in the common pleas court. Because the Union's application and motion to compel arbitration are based on rights set forth in R.C. Chapter 4117, its application and motion fall directly within the exclusive jurisdiction of SERB. Therefore, we find that the trial court erred by denying the City's motion to dismiss the Union's application and motion to compel arbitration for lack of subject-matter jurisdiction.