Vanderveer v. Ohio Assn. of Pub. School Emp.
Case Details
- Judge(s)
- Mayle
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Dismissed for lack of subject matter jurisdiction; SERB has exclusive jurisdiction in the first instance
Related Laws
No specific laws identified for this ruling.
Outcome
Plaintiff's complaint was dismissed because the State Employee Relations Board (SERB) has exclusive jurisdiction over unfair labor practice claims under R.C. 4117.11, not the courts. Plaintiff may pursue her claims through SERB with potential subsequent court review depending on SERB's disposition.
Excerpt
Per Mayle, J., although framed as contract claims, plaintiff's complaint alleges conduct that, if proven, constitutes an unfair labor practice specifically enumerated in R.C. 4117.11. State Employee Relations Board ("SERB") has exclusive jurisdiction over her claims. Plaintiff has not been deprived of a forum in which to bring her claims. R.C. Chapter 4117 vests SERB with jurisdiction in the first instance and redress may be sought in the courts depending on SERB's disposition of her claims.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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