State ex rel. Cleveland v. Russo

In this original action, the Supreme Court granted the City of Cleveland's request for a peremptory writ of prohibition against Cuyahoga County Court of Common Pleas Judge Nancy M. Russo and ordered Judge Russo to vacate the orders that she previously entered in Ass'n of Cleveland Fire Fighters, Local 93 v. Cleveland, Cuyahoga C.P. No. CV-19-190679, and to cease exercising jurisdiction over that case, holding that the relief the Union was seeking fell within the exclusive jurisdiction of the State Employment Relations Board (SERB).The International Association of Fire Fighters, Local 93 (the Union) filed an unfair-labor-practice charge with SERB, alleging that Cleveland's fire chief's decision to change fire fighters' 24-hour shift start times were unfair labor practices. The Union then filed a complaint for a declaratory judgment, a temporary restraining order, and injunctive relief in the common pleas court against the City of Cleveland and its fire chief, alleging that the chief's shift-time order violated Ohio Rev. Code 4117.08 because it involved a matter subject to collective bargaining. Judge Russo denied Defendants' motion to dismiss for subject matter jurisdiction. The Supreme Court granted the City's request for a writ of prohibition, holding that the Union failed to assert any claims that fell outside the scope of the collective-bargaining rights created by Chapter 4117. View "State ex rel. Cleveland v. Russo" on Justia Law