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Ohio v. Lucas County Correctional Treatment Facility Governing Board

Court of Appeals of Ohio, Tenth District

June 25, 2019

Professionals Guild of Ohio, Appellant-Appellant,
v.
Lucas County Correctional Treatment Facility Governing Board et al., Appellees-Appellees.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 17CV-6612

         On brief:

          James E. Melle, for appellant.

          Julia R. Bates and Elaine B. Szuch, for Lucas County Correctional Treatment Facility Governing Board.

          Dave Yost, Attorney General, and Michael D. Allen, for State Employment Relations Board.

         Argued:

          James E. Melle.

          Elaine B. Szuch.

          Tracy M. Nave.

          DECISION

          BROWN, J.

         {¶ 1} This is an appeal by appellant, Professionals Guild of Ohio, from a judgment of the Franklin County Court of Common Pleas affirming a directive of appellee, State Employment Relations Board ("SERB"), which granted a motion filed by appellee, Lucas County Correctional Treatment Facility Governing Board (hereafter "Lucas County" or "the board"), to dismiss appellant's notice to negotiate.

          {¶ 2} The following background facts, essentially not in dispute, are drawn primarily from the trial court's decision and entry filed December 14, 2017. From 1999 until 2007, appellant and the Lucas County Court of Common Pleas (hereafter "the common pleas court") had a "voluntary relationship" with regard to correction officers employed by the common pleas court's community based correctional facility ("CBCF"). (Dec. 14, 2017 Decision & Entry at 2.) On October 12, 2006, the Ohio General Assembly enacted Am.Sub.H.B. No. 162 ("H.B. 162"), which "made a county, instead of a court of common pleas, eligible to establish a CBCF." (Dec. 14, 2017 Decision & Entry at 2.) H.B. 162 also "eliminated judicial corrections boards and gave the functions previously held by them, including employment matters, to the new facility governing boards." (Dec. 14, 2017 Decision & Entry at 2.) Lucas County "established such a governing board" to assume responsibility for the CBCF. (Dec. 14, 2017 Decision & Entry at 2.)

         {¶ 3} With the enactment of H.B. 162, the General Assembly amended R.C. 4117.01(C) to provide in part:

"Public employee" means any person holding a position by appointment or employment in the service of a public employer, * * * except:
* * *
(18) Employees of community-based correctional facilities and district community-based correctional facilities created under sections 2301.51 to 2301.58 of the Revised Code who are not subject to a collective bargaining agreement on June 1, 2005.

         {¶ 4} The 2006 legislation included an uncodified provision, Section 4 of ...


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