State Employment Relations Board v. Miami University
71 Ohio St. 3d 351 (1994)
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Rule of Law:
A public employer in Ohio commits an unfair labor practice by unilaterally withdrawing recognition from and refusing to bargain with a union certified by the State Employment Relations Board (SERB), even if the employer has a good faith doubt about the union's continuing majority support.
Facts:
- The American Federation of State, County and Municipal Employees (AFSCME) was the certified exclusive bargaining representative for a unit of employees at Miami University (Miami).
- A petition was filed to decertify AFSCME as the representative for the employees.
- The State Employment Relations Board (SERB) investigated and subsequently dismissed the decertification petition.
- Following SERB's dismissal of the petition, Miami unilaterally withdrew its recognition of AFSCME.
- Miami refused to continue collective bargaining negotiations with AFSCME, asserting it had a good faith doubt that the union still represented a majority of the employees in the bargaining unit.
Procedural Posture:
- AFSCME filed an unfair labor practice (ULP) charge against Miami University with the State Employment Relations Board (SERB).
- SERB found that Miami University committed a ULP by refusing to bargain and issued an order.
- Miami appealed SERB's decision to the court of first instance (trial court), which affirmed SERB's order.
- Miami, as appellant, appealed the trial court's decision to the intermediate court of appeals.
- The court of appeals reversed the trial court, finding SERB's policy inconsistent with the governing statute.
- SERB and AFSCME, as appellants, then appealed to the Supreme Court of Ohio.
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Issue:
Does a public employer commit an unfair labor practice under R.C. 4117.11(A)(5) by unilaterally withdrawing recognition from a certified union based on a good faith doubt of the union's majority support?
Opinions:
Majority - Resnick, J.
Yes. A public employer commits an unfair labor practice when it unilaterally terminates bargaining with an incumbent union, despite its good faith doubt as to the union’s continued majority status. The court afforded deference to SERB's interpretation of the Ohio Public Employees’ Collective Bargaining Act (R.C. Chapter 4117), finding its policy reasonable and not in conflict with the statute. Unlike federal private-sector law which permits an employer's withdrawal of recognition based on a good faith doubt, Ohio's statutory scheme establishes SERB certification as the sole benchmark that triggers a bargaining obligation. The court reasoned that since only SERB has the power to certify an employee organization, only SERB can revoke that certification. Allowing a public employer to unilaterally terminate a bargaining relationship would undermine SERB's central role, conflict with Ohio's labor policy, and create instability, particularly because Ohio law, unlike federal law, does not provide a mechanism for an employer to initiate a new representation election.
Concurring - Wright, J.
Justice Wright concurred in the judgment only, agreeing with the outcome but not the majority's reasoning. He based his conclusion solely on the textual differences between the Ohio Public Employees’ Collective Bargaining Act and the federal National Labor Relations Act. He also expressed the belief that the court's syllabus holding was overly broad for the issue presented.
Analysis:
This decision solidifies the authority of the State Employment Relations Board (SERB) and establishes a bright-line rule for Ohio's public sector labor relations. By explicitly rejecting the federal private-sector 'good faith doubt' doctrine, the court prioritized labor stability and the integrity of the formal certification process over an employer's subjective beliefs about union support. This precedent prevents public employers from disrupting collective bargaining based on perceived shifts in employee sentiment, forcing them to continue negotiations until SERB officially intervenes to decertify a union. The ruling ensures that the beginning and end of a public union's representative status are determined exclusively by SERB, not by the unilateral actions of an employer.
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