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OHIO COUNCIL 8, AM. FEDN. OF STATE CTY. & MUN. EMP. AFL-CIO v. CITY OF CINCINNATI

No. 93-718.

69 Ohio St.3d 677 (1994)

OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO ET AL., APPELLANTS, v. CITY OF CINCINNATI ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 27, 1994.

Attorney(s) appearing for the Case

Ronald H. Janetzke, for appellants.

Fay D. Dupuis, City Solicitor, John J. Williams and Rodney Prince, Assistant City Solicitors, for appellee Cincinnati.

Lee Fisher, Attorney General, and Vincent T. Lombardo, Assistant Attorney General, for appellee SERB.

Lucas, Prendergast, Albright, Gibson & Newman and Robert J. Walter, urging reversal on behalf of amicus curiae, Ohio Association of Public School Employees.

ALICE ROBIE RESNICK, J.

Ohio Adm.Code 4117-5-01(F) provides:

"For a unit that has not been approved by the board through the procedures of division (A) of section 4117.05 or 4117.07 of the Revised Code, a petition for unit clarification or amendment of a deemed certified unit may be filed only during the period of one hundred twenty days to ninety days before the expiration date of the collective bargaining agreement...

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