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Appellate court reversed trial court's dismissal of labor union's claims for lack of subject matter jurisdiction, finding the Ohio Employment Relations Board lacked exclusive jurisdiction over collective bargaining agreement disputes. However, affirmed that individual teachers not party to the collective bargaining agreement cannot bring private lawsuits under R.C. Chapter 4117.
The trial court erred in sustaining appellee-school district's motion to dismiss under Civ.R. 12(B)(1) for lack of subject matter jurisdiction as to appellant-labor union. The Ohio State Employment Relations Board did not have exclusive jurisdiction over the claims alleged by the union in the complaint, because the allegations arose from the parties' collective bargaining agreement and the claims did not constitute unfair labor practices as set forth in R.C. 4117.11. However, a teacher-employee who was not a party to the collective bargaining agreement could not bring a private lawsuit under R.C. Chapter 4117. Judgment affirmed in part and reversed in part.
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