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CENTRAL OHIO TRANSIT AUTH. v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 208

Nos. 87-655 and 87-854.

37 Ohio St. 3d 56 (1988)

CENTRAL OHIO TRANSIT AUTHORITY, APPELLEE, v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 208, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 25, 1988.

Attorney(s) appearing for the Case

Baker & Hostetler, John H. Burtch, Mark D. Senff and Mark A. Johnson, for appellee.

Cloppert, Portman, Sauter, Latanick & Foley, Robert W. Sauter and Russell E. Carnahan, for appellant Transport Workers Union of America, Local 208.

Anthony J. Celebrezze, Jr., attorney general, and Joseph M. Oser, for appellant State Employment Relations Board.

Porter, Wright, Morris & Arthur and Charles J. Kurtz III, urging affirmance for amicus curiae, Ohio Public Transit Association, in case No. 87-655.

Lucas, Prendergast, Albright, Gibson & Newman, Robert J. Walter and Rankin M. Gibson, urging reversal for amicus curiae, Ohio Association of Public School Employees, AFSCME/AFL-CIO.

Jon Ziegler, urging reversal for amicus curiae, Ohio Education Association, in case No. 87-655.

Leonard S. Sigall, urging reversal for amici curiae, United Food & Commercial Workers Union, Locals 880, 954, 1059 and 1099, United Food & Commercial Workers International Union, AFL-CIO, in case No. 87-655.

Benesch, Friedlander, Coplan & Aronoff and N. Victor Goodman, urging reversal for amici curiae, AFSCME Ohio Council 8 and Ohio Civil Service Employees Association/ AFSCME, Local 11.

DOUGLAS, J.

The central question presented to this court is whether R.C. 4117.16(A) violates the doctrine of separation of powers. We hold that it does not.

R.C. 4117.16(A) provides:

"Whenever the public employer believes that a lawful strike creates clear and present danger to the health or safety of the public, the public employer may petition the court of common pleas having jurisdiction over the parties to issue a temporary restraining order enjoining...

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