Fort Frye Teachers Association, OEA/NEA, et al., Appellants and Cross-Appellees,
v.
State Employment Relations Board et al., Appellees and Cross-Appellants.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted December 16, 2003.
Decided June 23, 2004.
Attorney(s) appearing for the Case
Cloppert, Latanick, Sauter & Washburn, William J. Steele and Susan Hayest Kozlowski, Columbus, for appellants and cross-appellees.
Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, Peter M. Thomas, Senior Deputy Attorney General, and Michael D. Allen, Assistant Attorney General, for appellee and cross-appellant State Employment Relations Board.
Whalen & Compton Co., L.P.A., G. Frederick Compton Jr., Akron, and Robert B. Kapitan, for appellee and cross-appellant Fort Frye Local School District Board of Education.
Supreme Court of Ohio.
Pfeifer, J.
{¶ 1} We are asked to determine whether the State Employment Relations Board ("SERB") has discretion to find that an unfair labor practice ("ULP") has not been committed when a determination that an employer's motivation was improper cannot be contested because of issue preclusion. We conclude that it does not. We are also asked to determine whether a previously decided civil rights action necessarily precludes a party from...
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