State ex rel. Mun. Constr. Equip. Operators' Labor Council v. State Emp. Relations Bd.
Case Details
- Judge(s)
- Sadler
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The court affirmed SERB's dismissal of the labor council's unfair labor practice complaint, finding that the school board's declaration of impasse after 45 days of negotiations complied with the collective bargaining agreement and did not constitute a refusal to bargain collectively.
Excerpt
SERB did not abuse its discretion in dismissing relator's ULP complaint for lack of probable cause where the plain language of the expiring CBA permitted either party to declare an impasse in negotiations and proceed to mediation when, after 45 days from the expiration of the CBA, the parties were unable to reach an agreement. Objections overruled writ of mandamus denied.
What This Ruling Means
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