STATE, EX REL. INTERNATL. UNION OF OPERATING ENGINEERS v. SIMMONS

No. 90-518.

58 Ohio St. 3d 247 (1991)

THE STATE, EX REL. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NOS. 18, 18A, 18B, 18C, 18 RA, AFL-CIO, v. SIMMONS, COUNTY ENGINEER, ET AL.

Supreme Court of Ohio.

Decided April 3, 1991.


Attorney(s) appearing for the Case

Wuliger, Fadel & Boyer, William Fadel and Kathleen M. Sasala, for relator.

Michael G. Spahr, for respondents.


Per Curiam.

The facts are not in dispute. Respondent county engineer's employees had prior state or political subdivision service, and by reason of R.C. 9.44 were entitled to prior service credit for purposes of computing the amount of their vacation unless the collective bargaining agreement superseded the statute in terms of prior service vacation credit. Respondent refused to grant such credit and he notified each employee of a change in vacation entitlement...

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