CITY OF HAMILTON v. STATE EMP. RELATIONS BD.

No. 93-1021.

70 Ohio St.3d 210 (1994)

CITY OF HAMILTON, APPELLEE, v. STATE EMPLOYMENT RELATIONS BOARD; AMALGAMATED TRANSIT UNION, LOCAL NO. 738, APPELLANT. TRANSIT MANAGEMENT OF HAMILTON, INC., APPELLEE, v. STATE EMPLOYMENT RELATIONS BOARD; AMALGAMATED TRANSIT UNION, LOCAL NO. 738, APPELLANT.

Supreme Court of Ohio.

Decided September 14, 1994.


Attorney(s) appearing for the Case

Frost & Jacobs, Donald L. Crain and William L. Sennett; and Gary L. Sheets, Law Director, for appellee city of Hamilton.

Thomas P. Hock, for appellee Transit Management of Hamilton, Inc.

Stewart Jaffy & Associates Co., Stewart R. Jaffy and Marc J. Jaffy, for appellant Amalgamated Transit Union, Local 738.


A. WILLIAM SWEENEY, J.

The determinative inquiry in this appeal is whether the transit workers in issue are "public employees" of the city of Hamilton pursuant to R.C. 4117.01(C). For the reasons that follow, we hold that the transit workers are public employees, and therefore we reverse the judgments of the courts below, and reinstate SERB's determination.

R.C. 4117.01(C) provides:

"`Public employee' means any person holding a position by appointment...

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