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MAHONING EDN. ASSN. OF DEV. DISABILITIES v. STATE EMP. RELATIONS BD.

No. 2012-1378.

137 Ohio St.3d 257 (2013)

2013-Ohio-4654

MAHONING EDUCATION ASSOCIATION OF DEVELOPMENTAL DISABILITIES, Appellee, v. STATE EMPLOYMENT RELATIONS BOARD ET AL., Appellants.

Supreme Court of Ohio.

Decided October 23, 2013.

Attorney(s) appearing for the Case

Green Haines Sgambati Co., L.P.A., Ira J. Merkin,   Charles W. Oldfield, and Stanley Okusewsky III, for appellee.

Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, Stephen P. Carney, Deputy Solicitor, and Lori Weisman and Michael D. Allen, Assistant Attorneys General, for appellant State Employment Relations Board.

Eugene P. Nevada, for appellant Mahoning County Board of Developmental Disabilities.

Britton Smith Peters & Kalail Co., L.P.A., John E. Britton,   Sherrie C. Massey, and Giselle S. Spencer, urging reversal for amici curiae Ohio School Boards Association and Ohio Association of School Business Officials.

Fishel Hass Kim Albrecht, L.L.P., Jonathan J. Downes,   Anne E. McNab, and Marc A. Fishel, urging reversal for amici curiae Ohio Public Employer Labor Relations Association, Ohio Public Transit Association, County Commissioners Association of Ohio, and National Public Employer Labor Relations Association.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy, and Marc J. Jaffy, urging affirmance for amicus curiae Ohio AFL-CIO.

Cloppert, Latanick, Sauter & Washburn and Ronald H. Snyder, urging affirmance for amici curiae Ohio Public Employees Lawyers Association, Ohio Association of Public School Employees/AFSCME Local 4, AFL-CIO, Ohio Council 8, American Federation of State, County and Municipal Employees, AFL-CIO, Ohio Nurses Association, AFL-CIO, Ohio Association of Professional Fire Fighters, Fraternal Order of Police of Ohio, Inc., and SEIU District 1199.

KENNEDY, J.

I. Introduction

{¶ 1} The State Employment Relations Board ("SERB") and the Mahoning County Board of Developmental Disabilities ("MCBDD") (collectively, "the state") appeal from the decision of the Seventh District Court of Appeals holding unconstitutional the requirement in R.C. 4117.11(B)(8) that employee-union picketers give their employers and SERB ten days' notice...

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