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Court reversed the Court of Appeals' judgment and remanded the case, holding that SERB lacks exclusive jurisdiction because the union's claims did not allege unfair labor practices under R.C. 4117.11, allowing the common pleas court to exercise jurisdiction over the independent claims.
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.
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