Teamsters Local Union No. 436, Appellant-Appellant,
City of Cleveland, Appellee-Appellee State Employment Relations Board, Intervenor-Appellee.
from the Franklin County Court of Common Pleas C.P.C. No.
Chandra Law Firm, LLC, Subodh Chandra, and Donald Screen, for
Littler Mendelson, P.C., Stephen J. Sferra, Robert M. Wolff,
and Inna Shelley, for appellee City of Cleveland.
Michael DeWine, Attorney General, and Michael D. Allen, for
Intervenor-appellee State Employment Relations Board.
Michael D. Allen.
1} Appellant-appellant, Teamsters Local Union No.
436 ("the Union"), appeals from the September 15,
2016 judgment of the Franklin County Court of Common Pleas
affirming the December 13, 2013 order issued by
intervenor-appellee, State Employment Relations Board
("SERB"), dismissing the Union's request to be
recognized as the exclusive bargaining representative for the
Assistant Directors of Law ("ADLs") in the Civil
Division of the Department of Law of appellee-appellee, City
of Cleveland ("Cleveland"). For the reasons that
follow, we affirm.
Facts and Procedural History
2} On July 11, 2012, the Union filed a request for
recognition with SERB, seeking to be recognized as the
exclusive representative for purposes of collective
bargaining for all ADLs in the Civil Division of
Cleveland's Department of Law. Cleveland filed an
objection to the request for recognition and moved to
dismiss, asserting SERB lacked jurisdiction. In the
alternative, Cleveland argued ADLs were excluded from the
definition of public employees for purposes of the public
employee collective bargaining statute. The Union filed a
memorandum in opposition to Cleveland's objection and
motion to dismiss.
3} A SERB administrative law judge ("ALJ")
conducted a three-day evidentiary hearing on the request for
recognition. On October 15, 2013, the ALJ issued a
recommended determination, which included detailed findings
of fact and recommended SERB dismiss the request for
recognition with prejudice. The Union filed exceptions to the
recommended determination. The Union also filed a motion to
withdraw the request for recognition without prejudice.
Cleveland filed a memoranda in opposition to the Union's
exceptions and motion to withdraw.
4} On December 13, 2013, SERB issued an order
dismissing the Union's request for recognition. The order
adopted the ALJ's recommended determination and held ADLs
were exempt from the definition of the term "public
employee" contained in the collective bargaining
statute. The order also denied the motion to withdraw,
concluding that permitting withdrawal of the request for
recognition without prejudice after the ...