State Employment Relations Board

Trial court did not err in denying relator-appellant's request for a writ of mandamus following State Employment Relations Board (\SERB\)'s dismissal of unfair labor practice charge for lack of probable cause.

Relator, a bargaining unit employee, has standing under R.C. 4117.11 to pursue an unfair labor practice charge against respondent/employer alleging that the employer interfered with relator's right to arbitrate his grievance by unilaterally determining that the notice of intent to arbitrate was untimely submitted by respondent/union. SERB abused its discretion when it concluded probable cause did not exist to believe respondent/employer committed the ULP because the timeliness of a notice is a question of arbitrability that should have been submitted to the arbitrator in the first instance. SERB abused its discretion by dismissing one of relator's ULP charges against respondent/union without providing any explanation or reasoning for the decision. SERB abused its discretion in dismissing relator's ULP charge against respondent/union alleging unfair representation where the evidence showed that the union knew relator wished to arbitrate the grievance but failed to timely notify respondent/employer, as required by the CBA, based on erroneous instructions from relator's private counsel. Objections overruled, relator's motion for summary judgment granted, and writ of mandamus issued.

The trial court did not err in denying the Union's petition for a writ of mandamus when it determined SERB did not abuse its discretion in finding no probable cause to support the Union's claim of an unfair labor practice.

Mandamus to compel State Employment Relations Board either to find that relator's unfair labor practice charge was timely filed and proceed with a hearing or consider the facts concerning the timeliness question and issue an explanation setting forth its rationale—Writ denied, when.

Mandamus to compel State Employment Relations Board to vacate its dismissal of relators' unfair labor practice charges and to hold a hearing on the charges—Writ denied, when.

Mandamus to compel State Employment Relations Board to properly investigate dismissed unfair labor practice charge, issue a complaint finding probable cause to believe that an unfair labor practice was committed, and hold a hearing on the charge—Writ denied, when.