ASSN. OF CCUYAHOGA CTY. TEACHERS OF TRAINABLE RETARDED v. CUYAHOGA CITY. BD. OF MENTAL RETARDATION

No. 82-642.

6 Ohio St. 3d 190 (1983)

ASSOCIATION OF CUYAHOGA CTY. TEACHERS OF TRAINABLE RETARDED, APPELLEE, v. CUYAHOGA CTY. BD. OF MENTAL RETARDATION ET AL. SERVICE, HOSPITAL, NURSING HOME & PUB. EMP. UNION, LOCAL NO. 47, APPELLANT.

Supreme Court of Ohio.

Decided August 10, 1983.


Attorney(s) appearing for the Case

John T. DeFazio Co., L.P.A., Green, Schiavoni, Murphy, Haines & Sgambati Co., L.P.A., Mr. Eugene Green and Mr. Barry Laine, for appellee.

Schwarzwald, Robiner, Wolf & Rock Co., L.P.A., Mr. Melvin S. Schwarzwald and Mr. Steven B. Potter, for appellant.

Messrs. Lucas, Prendergast, Albright, Gibson, Newman & Gee, Robert J. Walter Co., L.P.A., and James E. Melle Co., L.P.A., urging affirmance for amicus curiae, Ohio Assn. of Public School Employees.


LOCHER, J.

I

The primary issue in this cause concerns the standard which a court should apply in determining whether it is proper to order a representation election for a bargaining unit of public employees serving under a collective bargaining contract. Appellant argues that this court's holding in Civil Service Personnel Assn. v. Akron (1976), 48 Ohio St.2d 25

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