State Emp. Rel. Bd. v. Dept. of Hum. Ser.

Citations: 670 N.E.2d 1010; 108 Ohio App. 3d 322Docket: No. 95CA01.

Court: Ohio Court of Appeals; December 6, 1995; Ohio; State Appellate Court

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An appeal was made regarding a judgment from the Pickaway County Common Pleas Court that upheld the State Employment Relations Board's (SERB) findings concerning the Pickaway County Department of Human Services. The appellant, Wendy Lust, contended that the court erred in affirming SERB's decision, which determined that no violations of R.C. 4117.11(A)(1), (A)(3), or (A)(5) occurred. Lust filed an unfair labor practice charge against her employer on October 6, 1986, claiming violations stemming from actions taken after the Communication Workers of America union's election victory but before its certification. SERB initially found no violation regarding the refusal of union representation at a critical meeting but did find a violation related to the abolishment of Lust's position during pending representation discussions.

The respondent appealed, and the trial court reversed SERB's decision, stating the 'status quo' issue was not argued at the hearing. This decision was then appealed to a higher court, which remanded the case for further litigation on the status quo. On remand, stipulations revealed that Lust held a part-time position and voted in the union election. After the election, she was informed her position would be abolished due to operational issues, but was offered a full-time job. Lust requested a meeting with a union representative, which the respondent declined, leading to the cancellation of the meeting. Additionally, Lust provided medical documentation indicating her inability to work full-time, after which the respondent deemed the case closed. Lust was laid off on September 22, 1986, and the union was certified on December 11, 1986, with no reduction in the bargaining unit's employee count due to the position's abolishment.

Wage rates and work schedules for bargaining unit employees remained unchanged after the abolition of the appellant's part-time position and the creation of a full-time role. Consequently, the State Employment Relations Board (SERB) found no violations of R.C. 4117.11(A)(1), (A)(3), or (A)(5), concluding that the appellant was provided a rationale for the position's abolition, that there was no union animus, and that the number of bargaining units and other employees' conditions were unaffected. SERB determined that the employment status quo was maintained during the relevant period. The appellant appealed this decision, arguing the trial court erred in affirming SERB's findings as supported by substantial evidence and compliant with the law. 

The court clarified that it could uphold a SERB order if substantial evidence supported it, citing relevant legal definitions and standards. The trial court found that SERB was not required to adhere to National Labor Relations Board (NLRB) precedents due to significant differences between federal and Ohio statutes, confirming that the legislature did not intend to mandate strict adherence to NLRB policies. The trial court concluded that SERB's decision was not an abuse of discretion and was backed by substantial evidence. The appellant contended that SERB's rationale for maintaining the status quo was legally unsupported, referencing the Adena case, which addressed a mixed motive standard involving union animus and legitimate business reasons.

SERB determined that the respondent did not discriminate against the appellant based on her union activities, a conclusion that was not appealed by the appellant and was thus accepted as fact by the trial court. The trial court found no abuse of discretion in this acceptance, leading to the inapplicability of the Adena test due to the absence of union animus. SERB's findings indicated that the reasons for the appellant's job abolishment were valid, as the number of bargaining employees and their employment conditions remained unchanged. The trial court confirmed that SERB's rationale was supported by the record, including stipulations and correspondence detailing the rationale for the job abolishment. SERB stated that an employer does not violate the status quo if actions lack union animus, are backed by a satisfactory rationale, and do not alter the number or conditions of bargaining unit employees. Although this standard differs from that of the NLRB, the court recognized that no Ohio courts have addressed this issue directly, thus affording deference to SERB’s interpretation of R.C. Chapter 4117. Consequently, the trial court's judgment was affirmed, and the appellant's assignment of error was overruled.