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LORAIN CITY BD. OF EDN. v. STATE EMP. RELATIONS BD.

No. 87-1859.

40 Ohio St. 3d 257 (1988)

LORAIN CITY SCHOOL DISTRICT BOARD OF EDUCATION, APPELLEE, v. STATE EMPLOYMENT RELATIONS BOARD ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Warhola, O'Toole, Loughman, Fetterman & Alderman, Michael J. Loughman and Caryn G. Pass, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Vincent T. Lombardo, for appellant SERB.

Green, Haines, Sgambati, Murphy & Macala Co., L.P.A., Ronald G. Macala and Randall Vehar, for appellant Lorain Education Assn.

DOUGLAS, J.

There are two questions presented by this appeal. One involves the scope of appellate review and the other, a more fundamental merit issue, concerns the question of "mandatory" collective bargaining under the Ohio Public Employees' Collective Bargaining Act ("Act"). Not-withstanding that this case could easily be disposed of on the basis of the standard for appellate review of decisions of the administrative agency SERB, because it is a matter of first...

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