The Strongsville City Teachers' Strike is an ongoing labor strike organized by the Strongsville Education Association in Strongsville, Ohio. The strike commenced at 12:01 a.m. on March 4, 2013. Our client, Strongsville School Board would like to file an injunction against the Strongsville Education Association to stop the strike.Your assignment is to locate relevant Ohio primary legal sources.
A public employer may seek an injunction against a strike public safety employees during the pendency of statutory settlement procedures or during the term of a collective bargaining agreement.The public employer may seek such an injunction in the court of common pleas of the county in which the strike is located.Public employer may petition the court to issue a temporary restraining order enjoining the strikeIf the court finds probable cause to believe that the strike may be a clear and present danger to the public health and safety, it has jurisdiction to enter a temporary restraining order not to exceed 72 hours.SERB must determine, within the effective period of the temporary restraining order, whether the strike creates a clear and present danger to the health and safety of the publicIf SERB finds that such a danger exists, the court that issued the order has jurisdiction to issue orders to further enjoin the strike.However, the court must make provision for the automatic termination of any further injunction or other order at the end of 60 days following the end of the temporary restraining order, and thereafter no court has jurisdiction to issue any further injunction.6
Prior to XXXX Ohio law, known as the Ferguson Act, reiterated the common-law prohibition against public employees' strikes and contained stringent disciplinary measures.
The first General Assembly first met in Chillicothe, the new state capital, on March 1, 1803.
Prior to the adoption of the Ohio Public Employees Collective Bargaining Act, Ohio governments operated within rules established by a few statutes, cases construing those statutes, and developing common-law principles as the legal framework for collective bargaining. Even without a more formal legal structure, public sector labor relations became a reality in Ohio. In the case of municipalities, the home rule powers granted by Section 3, Article XVIII of the Ohio Constitution provided somewhat broader authority with respect to establishing and regulating labor relations. Although all of this has been changed by the Act, it is helpful to an understanding of the Act as well as an historical perspective to provide a brief explanation of the prior law.Public Employees Collective Bargaining Act prevails over inconsistent provision in municipal home-rule charter. DeCrane v. Westlake (Ohio App. 8 Dist., 06-12-1995) 103 Ohio App.3d 481, 659 N.E.2d 885.Labor And Employment Key Number 1107
Unannotated: Ohio Constitution of 1851, from Ohio General Assembly website. URL: http://www.legislature.state.oh.us/constitution.cfmScope: Amendments to 2011Linked table of contents. Unofficial section numbering. Uses “Section 1.01,” rather than official Bluebook format: “art. I, § 1.”
Ohio Constitution Versions:Since statehood, Ohio only enacted two constitutions.Ohio Constitutional Revision Process: In June 2011, the Ohio legislature voted nearly unanimously to establish the Ohio Constitutional Modernization Commission, a bipartisan group of 12 legislative members and 20 non-legislative members who will serve two years unless reappointed. The commission will meet in November and offer a report of recommendations to the legislature in January on ways to improve the constitution. Any changes would have to be approved later by voters. Commission is based on a similar group in the 1970s. Like that commission, this one will study the constitution and make recommendations to the Ohio legislature, only if two-thirds of the members approve. Legislators will then vote whether to bring the recommendations to voters, which would require a three-fifths majority of the General Assembly.
Ohio Legal Research: Primary Sources Rebecca Mattson & Karen Schneiderman Spring 2013: Research Certificate Seminar Cleveland-Marshall College of Law Library
Locate o Ohio Revised Code statutes o Ohio legislative history o Ohio Constitutional provisions o Ohio Administrative Code regulations o Ohio cases
WestlawNext• School Board• Strike• Injunction• Juris = Ohio
Lexis Advance• school and board• w/10 strike and injunction• Jurisdiction = Ohio
Search ResultTip: Use secondary legal source to locate and explain primary legal sources SNAPSHOT Tab
OHIO JUR. 3D O.R.C. Ohio Public employer’s have right to seek injunctions against striking public employees. 39A OHIO JUR. 3D Employment Relations § 652 (2013) Ohio Revised Code, ChapterWest Pub. 4117, Public Employees Collective Bargaining Act Lexis Pub.
O.R.C 4117 et seq.• Ohio Public Employees Collective Bargaining Act governs public sector collective bargaining & strikes• Provides for administration by the State Employment Relations Board (SERB), similar to the National Labor Relations Board (NLRB).
Locating: Ohio Revised CodePrint Online • Baldwins Ohio Revised • WestlawNext – under Ohio Code Annotated Statutes & Court Rules also contains the Ohio Constitution. (West, 1994 - ) • Westlaw Classic – under OH-ST- • Pages Ohio Revised Code ANN contains the Ohio Annotated (Lexis, 1953 - ) statutes, Constitution, and court rules. • Lexis Advance – under OH - Ohio Constitution • Lexis - under OHCODE contains Ohio Statutes, Constitution, Court Rules from Pages Ohio Revised Code Annotated
InjunctionsOHIO REV. CODE ANN. §§ 4117.15 and 4117.16 (West 2013)
Finding Legislative HistoryTo find the session law that enacted the ORCsection, look at the bottom of the O.R.C. statutein “History” (Lexis) or “Credits” (Westlaw). Credits (1983 S 133, eff. 4-1-84)
Laws of Ohio• Check the Laws of Ohio for the original • 1997 & later - The General Assemblys web version page made available video of hearing and• 1983 S 133 debates, bills, LSC analysis, and Fiscal notes• Since this is from 1983, you’ll need to check • 1989 - Hannah (Ohio) Capitol Connection print (Ohio Room) or microfilm (basement) materials are available from 1989 on. These include hearing summaries, Governors veto messages and Hannah Reports, bills, LSC analysis and Fiscal notes. • 1988 - Hannah reports • 1961 - LSC analysis on microfilm • 1957 - LSC staff research reports • 1953 - One paragraph LSC analysis by calling the LSC. Summary of Enactments. • 1949 - Bill files at Ohio Historical Society • 1888 - Bills on Microfilm • 1803 - Session laws, House & Senate Journals
LSC and HannahLegislative Services Commission Hannah (Capitol Connection)• http://www.lsc.state.oh.us/ • http://www.rotundacollecti bills/default.htm on.com/DesktopDefault.asp• Can view bill text as x introduced, amended, and • Can view transcripts of passed hearings• Bill analysis • News reports related to• LSC fiscal analysis legislation• Status report • Versions • LSC analysis
Ohio Constitutional History• Prior to enactment of O.R.C. 4117 et seq., there was no formal legal structure for public sector labor relations.• Ohio cities used home rule powers granted by Ohio Constitution as authority to establish and regulate public employees in Article 8, Section 3 of the Ohio Constitution. Bluebook: Ohio Const. art. XVIII, sec. 3
OH Const.: Locating• Annotated Versions: • Unannotated – Baldwin’s Ohio Revised – Ohio Constitution of Code Annotated (West: 1851, as amended, (Ohio print in vol. 1, online: General Assembly) Westlaw - OH-ST-ANN) – Page’s Ohio Revised Code Annotated (Lexis: print: appendix vol., online: Ohcnst )
OH Constitution: Table of ContentsI. Bill of RightsII. LegislativeIII. ExecutiveIV. JudicialV. Elective FranchiseVI. EducationVII. Public InstitutionsVIII. Public Debt & Public WorksIX. MilitiaX. County & Township Org.XI. ApportionmentXII. Finance & TaxationXIII. CorporationsXIV. Ohio Livestock Care Standards BoardXV. MiscellaneousXVI. AmendmentsXVII. ElectionsXVIII. Municipal Corporations
Ohio Constitution: Versions• Original Constitution: Adopted in 1802• Current Constitution: Became effective on Sept. 1, 1851 Ohio Amended many times Constitution, 180 2 NEWS FLASH: Ohio Constitutional Revision Process In 2012, Ohio Constitutional Modernization Commission was established to updating Ohio’s Constitution. Ohio Constitution, 185 Work to be completed by July 1, 2021 1
Ohio Courts • Trial Courts – City Municipal and Ohio Courts of Common Pleas – There are 88 Ohio Common Pleas Courts, one for each county • Intermediate Appellate Courts - Ohio Court of Appeals – There are 12 Appellate Districts in Ohio. – Cuyahoga County is in the 8th District. • Court of Last Resort – Ohio Supreme Court
Current Ohio Case Law Publications• Ohio Supreme Court • Ohio Common Pleas & – Ohio State Reports: 1852 Municipal Courts – present (Selective) – North Eastern Reporter: – Ohio Miscellaneous: 1885 – present 1962 – date• Ohio Court of Appeals – Ohio Bar Reports: 1982 - (selective) 1987 – Ohio Appellate Reports: – Ohio Opinions: 1934 - 1913 – date 1982 – North Eastern Reporter: – Ohio Law Abstracts: 1926 – present 1922 - 1964
Ohio’s Public Domain Citation Rule• After April 30, 2002, the Supreme Court designated the Supreme Court Website as the Ohio Official Reports• Prior to May 1, 2002, the official reports referred to print publications• Always consult the Ohio Supreme Court’s Writing Manual for citation questions: http://www.sconet.state.oh.us/ROD/manual.p df
Bluebook: Ohio Public Domain CitationBefore May 1, 2002 After May 1, 2001• State v. Carter, 93 Ohio • State v. Campbell, 100 Ohio St.3d 581, 585, 757 N.E.2d St.3d 361, 2004-Ohio- 362 (2001). 6804, 800 N.E.2d 356, ¶ 14-• State v. Johnson, 134 Ohio 15. App.3d 586, 591-592, 731 • Schwartzentruber v. Orville N.E.2d 1149 (1st Dist.1999). Grace Brethren Church, 163 Ohio App.3d 96, 2005-Ohio- 4264, 836 N.E.2d 619, ¶ 5 (9th Dist.)
Ohio Court Dockets• Court Dockets - documents filed in the case (complaint, answer, motion for summary judgment, etc.), and any orders issued by the court throughout the pendency of the case.• Ohio Supreme Court Docket: – Docket index from 1985 to present. – Full text of documents from 12/1/2006 to present.• For more information on Ohio Dockets, see https://www.law.csuohio.edu/lawlibrary/guides/ohio/dockets#dockets
Ohio Research Guides• For more information on Ohio Primary Law research, see http://guides.law.csuohio.edu/ohio_primary_law• For more information on Ohio Secondary sources, see http://guides.law.csuohio.edu/ohio_secondary