State Employment Relations Board v. Miami University

Citation: 71 Ohio St. 3d 351Docket: Nos. 93-2129 and 93-2211

Court: Ohio Supreme Court; December 22, 1994; Ohio; State Supreme Court

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Under SERB's current policy, an Ohio public employer cannot unilaterally withdraw recognition of a certified union or refuse to engage in collective bargaining, even if the employer doubts the union's majority support. Such refusal constitutes an unfair labor practice (ULP) under R.C. 4117.11(A)(5) if it occurs after the dismissal of a decertification petition. This policy is challenged by Miami, which argues that it conflicts with R.C. Chapter 4117, federal labor law, and SERB’s previous decisions. SERB and AFSCME acknowledge the divergence from private-sector practices but argue that distinctions between Ohio and federal statutes justify this policy. The court must defer to SERB's interpretation of R.C. Chapter 4117, as it has been entrusted with its administration. The review is confined to assessing whether SERB's policy is unreasonable or conflicts with the statute's explicit language. Additionally, while federal NLRB precedents can inform Ohio public-sector labor law due to similarities, they are not binding. Public employers are mandated to bargain collectively with certified employee organizations regarding employment conditions, and refusal to do so is categorized as a ULP.

An employee organization must be certified by the State Employment Relations Board (SERB) under R.C. 4117.05(A) or deemed certified under Section 4(A) of Am. Sub.S.B. No. 133 to initiate bargaining. The exclusive representative's duty to negotiate persists as long as it maintains its exclusive status, which remains in effect until displacement under R.C. 4117.07 occurs. Displacement follows a four-step process: filing a decertification or rival union petition, SERB's investigation and potential hearing, direction of an election if a representation question exists, and certification of the election results by SERB.

The "good faith doubt" doctrine, established in federal law, allows employers to withdraw recognition from a union without facing unfair labor practice (ULP) charges if they genuinely doubt the union's majority status. Several National Labor Relations Board (NLRB) cases illustrate the evolving relationship between the filing of decertification petitions and an employer's duty to negotiate. Initially, employers were found to commit ULPs by bargaining with an incumbent union when there was a real question of representation. However, in 1982, the NLRB reversed previous rulings, affirming that merely filing a rival or decertification petition does not permit an employer to cease negotiations with an incumbent union. This change recognizes the need for stability in collective bargaining, while still allowing for employer withdrawal based on other objective criteria under the "good faith doubt" doctrine.

SERB addressed the issue of whether public employers in Ohio could, in good faith, decline to bargain with an incumbent union in the case In re Cleveland City School Dist. Bd. of Edn., Feb. 1, 1985.

SERB acknowledged the fluctuating nature of NLRB doctrine, allowing for alternatives in union bargaining practices. It established that employers can justifiably refuse to bargain with an incumbent union if a decertification or rival union petition is filed and a stay is granted by SERB. In a relevant case, SERB found an employer committed an unfair labor practice (ULP) by refusing to negotiate with AFSCME after a decertification petition was dismissed, clarifying that good faith doubt cannot be asserted without a pending petition. SERB emphasized that under Ohio law, only SERB can certify or decertify a bargaining representative, and employers cannot unilaterally terminate a bargaining relationship established by certification. This duty to bargain continues as long as a certified bargaining agent exists, and employers must not act on good faith doubt without SERB intervention, as such actions create conflicts with statutory obligations. The absence of provisions regarding good faith doubt in R.C. Chapter 4117 indicates legislative intent for SERB to set policy in this area. SERB's policy in Marion Cty. Children’s Services Bd. is deemed reasonable, balancing employee rights with the status of certified unions, reinforcing that formal certification by SERB is necessary for a union to achieve exclusive representative status in Ohio's public sector.

The status of a union's bargaining rights in Ohio can only be altered by the State Employment Relations Board (SERB), as outlined in R.C. 4117.07. A public employer violates R.C. 4117.11(A)(5) if it unilaterally ends bargaining with an incumbent union due to good faith doubts regarding the union's majority status. The judgment of the trial court is reinstated upon the reversal of the court of appeals' decision. SERB ruled that the employer committed an unfair labor practice (ULP) by refusing to negotiate with AFSCME after a decertification petition was dismissed, stating that good faith doubt cannot exist independently of a pending petition. SERB emphasized that Ohio law mandates that only SERB can certify or revoke the certification of an exclusive bargaining agent, establishing the obligation to negotiate as long as such certification exists. The Ohio law does not support unilateral termination of a bargaining relationship, which would conflict with the statutory duty to bargain. Allowing employers to suspend bargaining based on good faith doubt would disrupt labor stability and lead to unnecessary litigation, lacking legislative support in R.C. Chapter 4117. SERB’s policy, which does not address the good faith doubt doctrine, reflects its authority to shape policy in this area, balancing employee rights with the status of certified unions under the Ohio Act.

The Ohio Act indicates that a union achieves exclusive representative status only upon formal certification by the State Employment Relations Board (SERB), unless it has historical recognition prior to the Act. This status can only be altered by SERB. A public employer in Ohio is found to commit an unfair labor practice (ULP) under R.C. 4117.11(A)(5) if it unilaterally ends bargaining with an incumbent union, regardless of any good faith doubts regarding the union's majority status. Consequently, the appellate court's judgment is reversed, and the trial court's judgment is reinstated, with Moyer, C.J., Douglas, F.E. Sweeney, and Pfeifer, JJ. concurring, while A.W. Sweeney and Wright, JJ. concur only in the judgment. This is contrasted with Pennsylvania's statute allowing public employers to file a decertification petition upon good faith doubts about majority status.