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FORT FRYE TEACHERS ASSN. v. SERB

No. 96-2642.

81 Ohio St.3d 392 (1998)

FORT FRYE TEACHERS ASSOCIATION, OEA/NEA, ET AL., APPELLEES AND CROSS-APPELLANTS, v. STATE EMPLOYMENT RELATIONS BOARD ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided April 22, 1998.

Attorney(s) appearing for the Case

Cloppert, Portman, Sauter, Latanick & Foley, Mark A. Foley, Susan Hayest Kozlowski and William J. Steele, for appellees and cross-appellants.

Betty D. Montgomery, Attorney General, and Peter M. Thomas, Assistant Attorney General, for appellant and cross-appellee State Employment Relations Board.

Whalen & Compton Co., L.P.A., G. Frederick Compton, Jr., R. Brent Minney and Craig A. Robinson, for appellant and cross-appellee Fort Frye Local School District Board of Education.

FRANCIS E. SWEENEY, SR., J.

The issue presented in this case is twofold. First, we must decide whether the School Board is barred by the doctrine of collateral estoppel from relitigating the issue of its motivation in nonrenewing Rauch's limited teaching contract. Second, we must determine whether the application of collateral estoppel infringes upon SERB's exclusive jurisdiction to decide whether unfair labor practices have occurred. Because we find that collateral...

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