State ex rel. Fraternal Order of Police, Ohio Labor Council, Inc. v. Franklin Cty. Court of Common Pleas
| Decision Date | 22 July 1996 |
| Docket Number | No. 96-1563,96-1563 |
| Citation | 667 N.E.2d 929,76 Ohio St.3d 287 |
| Parties | , 156 L.R.R.M. (BNA) 2126, 1996 SERB 4-49 The STATE EX REL. FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, INC. v. COURT OF COMMON PLEAS OF FRANKLIN COUNTY et al. |
| Court | Ohio Supreme Court |
[1996 SERB 4-49] Pursuant to R.C. Chapter 4117, relator, Fraternal Order of Police, Ohio Labor Council, Inc. ("FOP/OLC"), is certified as the exclusive representative of certain bargaining units of state employees, including "Unit 1" and "Unit 15," which are composed of Ohio State Highway Patrol Troopers and Sergeants, respectively. As the exclusive representative of the foregoing bargaining units, FOP/OLC entered into collective bargaining agreements with the state of Ohio, which are effective from 1994 to 1997, and provide that FOP/OLC may designate three members of Unit 1 and one member of Unit 15 for release from their job duties "at no loss of pay, seniority or other benefits." The agreements further provide that employees released from their regular work assignments function as full-time representatives of FOP/OLC. In order to fund these release positions, the parties to the collective bargaining agreements agreed that the vacation time of each member of the Unit 1 and Unit 15 bargaining units would be reduced by five and six hours, respectively.
On August 4, 1995, nine FOP lodges and the Ohio Troopers Coalition filed a complaint in respondent Franklin County Common Pleas Court alleging that FOP/OLC had breached the collective bargaining agreements by unilaterally removing one of their elected employees from a release position and threatening to remove the remaining three persons elected by the plaintiffs to release positions in Units 1 and 15. The plaintiffs in the underlying action requested that the court issue, inter alia, an "injunction" directing FOP/OLC to restore the removed person to his release position under the collective bargaining agreements, an injunction preventing FOP/OLC from attempting any act intended or designed to remove or interfere with the other three release persons elected to serve in those positions, an order directing FOP/OLC to render an account and reimburse unit members for the loss of unexpended donated hours of earned vacation credits permanently lost as a result of FOP/OLC's breach of the agreements, and an injunction preventing FOP/OLC from interfering with the designation and use of other release time provided in the collective bargaining agreements.
On August 14, 1995, respondent Judge James O'Grady issued a temporary restraining order ("TRO") enjoining FOP/OLC from removing the three remaining release persons and directing that the removed release person be restored to his release position. On August 23, 1995, Judge O'Grady extended the TRO until September 5, 1995. Subsequently, on September 7, 1995, Judge O'Grady extended the restraining order to September 29, 1995. Judge O'Grady then held a hearing on the plaintiffs' request for a preliminary injunction, and that hearing has not yet been concluded.
In October 1995, the State Employment Relations Board ("SERB") dismissed nineteen identically worded unfair labor practice charges filed by individual members of Units 1 and 15 challenging the same conduct of FOP/OLC which is the subject of the plaintiffs' complaint in the underlying common pleas court action. [1996 SERB 4-50] SERB determined that FOP/OLC had not committed any unfair labor practice because FOP/OLC possessed the "contractual and exclusive right to select the release persons."
FOP/OLC and the state entered into a memorandum of understanding in which, effective July 1, 1996, the state would no longer deduct vacation hours from members of Units 1 and 15, and unit members would no longer be released from their regular job duties. The plaintiffs in the underlying common pleas court action filed a motion requesting that FOP/OLC be held in contempt of the temporary restraining order issued by Judge O'Grady, which had previously expired. Judge O'Grady issued a show cause order and scheduled a hearing on the contempt motion for July 9, 1996. It appears, according to relator's memorandum in support, that the conclusion of the trial has been scheduled for August 19, 1996.
FOP/OLC has now filed this action for a writ of prohibition to prevent Judge O'Grady and the common pleas court from exercising further jurisdiction in the underlying action. The cause is now before the court to determine if the...
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