Ohio’s State Employment Relations Board

 

Reitz, Paul & Shorr

Attorneys at Law

215 W. Garfield Road, Suite 230

Aurora, OH 44202

(330) 562-3156

(330) 678-5900

Facsimile: (330) 562-9540

Email: attorneys@rpsohiolaw.com

 

 

Unfair labor practice charge based on board member’s comments at a board meeting dismissed.

Ohio’s State Employment Relations Board (“SERB”) dismissed an allegation of unfair labor

practice against a public school district board of education represented by Reitz, Paul & Shorr. The union complained that a board of education member committed an unfair labor

practice when he stated at a board of education meeting that the board had, in fact, agreed to

raises in salary in the preceding collective bargaining agreement and that in his opinion the union

was pursuing or had pursued litigation that was not to the benefit of the majority of its members

or that served to benefit only a few officers of the union. Reitz, Paul & Shorr argued

that the board member’s comments were not coercive or restraining behavior meant to dictate the

composition of the union’s current bargaining team or slate of officers because there was no

threat of retaliation if the composition of the union’s bargaining team or officers was not

changed. In fact, the board and the union continued to bargain after the board meeting, reaching

some tentative agreements, with the composition of the union bargaining team and officers

unchanged. Reitz, Paul & Shorr also argued that the board member’s comments did

not amount to an attempt to bargain directly with union members because the board member’s

comments did not address any specific contract terms. The Ohio SERB dismissed the union’s

complaint of unfair labor practice after finding no probable cause to believe that an unfair labor

practice had been committed.