In re State Employment Relations Board v. Youngstown City School District Board of Education

12 Ohio Pub. Employee Rep. 1543 (1995)

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In re State Employment Relations Board v. Youngstown City School District Board of Education

Ohio State Employment Relations Board
12 Ohio Pub. Employee Rep. 1543 (1995)

  • Written by Rose VanHofwegen, JD

Facts

The Ohio State Employment Relations Board (SERB) (plaintiff) charged the Youngstown City School District Board of Education (district) (defendant) with unfair labor practices for unilaterally adopting an Early Retirement Incentive Plan (ERIP) for its employees without bargaining with the union. The district and union had successfully negotiated several collective-bargaining agreements (CBAs) that included ERIPs in the past. SERB found the district had committed an unfair labor practice. The district appealed, arguing ERIPs were permissive as opposed to mandatory bargaining subjects under Ohio law.

Rule of Law

Issue

Holding and Reasoning ()

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Casebooks

Employment Law

Key Terms

  • Collective BargainingNegotiation over employment issues between an employer and a labor union or other representative acting on the collective behalf of the employees.
  • Unfair Labor PracticeAny action prohibited by § 8 of the National Labor Relations Act, such as interfering with protected employee rights or discriminating based on union activity.
  • Collective-Bargaining AgreementA contract negotiated between an employer and a labor union that governs terms and conditions of employment.
  • Duty to Bargain in Good FaithAn obligation imposed by § 8(d) of the National Labor Relations Act on both unions and employers to meet and negotiate with actual intent to reach agreement over labor issues.
  • Mandatory Bargaining SubjectAn issue affecting wages, hours, or other terms and conditions of employment over which an employer must negotiate with the union to comply with § 8(d) of the National Labor Relations Act.

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