Cuyahoga Falls Education Association v. Cuyahoga Falls City School District Board of Education (1991), 61 Ohio St.3d 193. Unless otherwise excepted by R.C. 4117.10(A), when parties to a collective bargaining agreement have negotiated a provision pertaining to wages, hours, or terms and conditions of employment and there is a conflict either with the express language or the judicial interpretation given to a similar provision of the Revised Code, the interpretation of the agreement prevails; provisions arrived at mutually should not be narrowly construed against either party.

Ohio Dept. of Administrative Services v. State Employment Relations Board (1990), 54 Ohio St.3d 48. State Office of Collective Bargaining is not a "person" for purposes of statute allowing appeal by person aggrieved by administrative agency decision.

Bashford v. City of Portsmouth (1990), 52 Ohio St.3d 195. When a collective bargaining agreement does not specifically mention the subject of probationary employee termination, state and local laws govern such termination.

State, ex rel. Clark v. Greater Cleveland Regional Transit Authority (1990), 48 Ohio St.3d 19. R.C. 9.44 imposes a mandatory duty on any political subdivision of the state of Ohio to credit employees with prior service vacation credit, absent a collective bargaining agreement entered into pursuant to R.C. Ch. 4117. which specifically excludes rights accrued under R.C. 9.44.

Local 4501, Communications Workers of America v. Ohio State University (1986), 24 Ohio St.3d 191; cert denied 12 Ohio St.3d 274. In the absence of proof that a public employer was motivated by political considerations or a desire to set up a spoils system, the public employer may lawfully contract to have an independent contractor perform services which might also be performed by civil service employees, so long as such practice is not violative of either the affected employee's collective bargaining agreement or R.C. Ch. 4117.

State, ex rel. Dispatch Printing Co. v. Wells (1985), 18 Ohio St.3d 382. R.C. Ch. 4117. does not allow parties to a contract to alter a legal relationship between the governmental agency and a third party not subject to the contract.

Leibson v. Ohio Dept. of MR/DD (1992), 84 Ohio App.3d 751. Statute providing that classified employee appointed to unclassified position shall retain the right to resume classified position and status held immediately prior to his appointment covers all affected classified service employees in Ohio Dept. of MR/DD, regardless of whether employee's position in unclassified civil service was covered by a collective bargaining agreement; statute imposes mandatory duty on MR/DD to provide the employee with the right to resume his immediately prior position and status.

Leibson v. Ohio Dept. of MR/DD (1992), 84 Ohio App.3d 751. Where collective bargaining agreement does not specifically address matter pertaining to wages, hours and terms and conditions of employment, no conflict exists between collective bargaining agreement and statute creating rights in employees in classified service of office of Ohio department of MR/DD who are appointed to unclassified position.

Leibson v. Ohio Dept. of MR/DD (1992), 84 Ohio App.3d 751. Where collective bargaining agreement covering employee's unclassified position failed to specifically eliminate benefits provided to him by statute as classified employee who had been promoted to unclassified position, he retained entitlement to them.

Fields v. Summit County Executive Branch (1992), 83 Ohio App.3d 68; cert denied 66 Ohio St.3d 1474. Provisions of collective bargaining agreement entered into pursuant to applicable statute prevail over conflicting laws; collective bargaining agreement stating that new hire probationary employee could be terminated at any time during probationary period and have no right to appeal, and providing for final and binding internal review of grievance indicated no right to appeal to state personnel board of review.

Fraternal Order of Police v. Columbus (1990), 70 Ohio App.3d 436. City police officers were entitled to have their vacation benefits calculated not only on service with city but, also, on previous service with other units of state government absent any collective bargaining agreement which specifically excluded such rights.

Stark County Sheriff v. State Personnel Board of Review (Feb. 7, 1986) Ohio Ct. Cl., No. 85-10022. Where an investigation by the state personnel board of review in no way conflicts with the employment status of any person presently employed by an appointing authority, the appointing authority may not enjoin the board from proceeding in its investigation by asserting that the collective bargaining agreement mandates the grievance procedures to be followed; collective bargaining agreements govern as to matters of salary, hours, terms and conditions of employment. View Court of Claims Decision

MacKnight v. Lake County Dept. of Human Services (Oct. 31), 1995), Franklin App. No. 95APE02-188, unreported, 1995 WL 645258. The state personnel board of review lacks jurisdiction to set appellant's salary when appellant displaces into a bargaining unit position subsequent to the abolishment of her position in the exempt classified service. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order

Wolford, et al. v. Streetsboro City School District Board of Education (Mar. 21, 1995), Franklin Co., No. 93CVF04-2469, unreported. The state personnel board of review has jurisdiction to hear appeals from employees of a city school district when a direct appeal to the board is provided as an option for recourse in the city school district's collective bargaining agreement. View Common Pleas Decision | View SPBR Order

Richards v. State Personnel Board of Review (Jan. 29, 1989), Licking App. No. 3393, unreported, 1989 WL 11498. Where Appellant's position was covered by a valid collective bargaining agreement addressing the matter appealed, which provides for a final and binding arbitration of grievances, the State Personnel Board of Review has no jurisdiction to entertain an appeal.

Hardy v. Ohio Dept. of Public Safety (June 19, 1996), Stark Co., No. 96-CV-923, unreported. Where Appellant's position is covered by a valid collective bargaining agreement and that agreement gives an exclusive remedy for disputes involving involuntary disability separations, the State Personnel Board of Review has no jurisdiction over Appellant's appeal of her involuntary disability separation; such appeal may not be brought under R.C. 124.34 because an involuntary disability separation is not a disciplinary action. View Common Pleas Decision | View SPBR Order

Jordan v. Office of Criminal Justice Services (May 15, 1996), Franklin Co., No. 95CVF05-3475, unreported. Where Appellant occupied a position covered by a valid collective bargaining agreement, was serving his initial \ probationary period, and the pertinent agreement provided for removal at Appellee's sole discretion during the probationary period, the agreement prevails and the State Personnel Board of Review has no jurisdiction over an appeal of Appellant's probationary removal. View Common Pleas Decision | View SPBR Order

Lake County Department of Human Services v. MacKnight (Jan. 12, 1995), Franklin Co., No. 94CVF02-820, unreported. Where appellant bumps into a position covered under a collective bargaining agreement, the issue of salary determination is exclusively in the province of the collective bargaining process and the state personnel board of review has no authority to assign a pay rate. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order

Luke, et al. v. Ohio Dept. of Administrative Services (July 14, 1994), Franklin Co., No. 93CVF12-9008, unreported; aff'd (1995), 9 Ohio App.3d 497; cert denied (1995) 72 Ohio St.3d 1521. Where employees have filed an appeal of the reclassification of their job titles with the state personnel board of review and are subsequently restored to the status quo ante through a collective bargaining settlement with the new incumbent Sheriff, appellants have suffered no harm to their legally cognizable interests so as to create a justiciable dispute or controversy and their appeals before the board are moot. View Common Pleas Decision | View SPBR Order

Sliva v. Ohio Dept. of Human Services (Dec. 20, 1991), PBR 91-INV-03-0134; aff'd (Mar. 11, 1992), Full Board. An employee's entry into and encumbrance of a position falling under a collective bargaining agreement within the purview of R.C. 4117.10(A) precludes her from carrying over county service both when she entered into the position and when she exited her final collective bargaining position. View SPBR Order

Staut v. Ohio Dept. of Health (Aug. 1, 1986), PBR 86-RED-04-0513. The "rule of three" is an arbitrary choice made by the office of collective bargaining and found nowhere in either statute or rule; the application of the rule does not constitute an appropriate benchmark for the taking away of certain duties of a classified employee. View SPBR Order

Harris v. Stark County Sheriff (Feb. 14, 1986), PBR 85-INV-08-1207. Although employees whose positions are subject to a collective bargaining agreement may negotiate a change in their recall rights, the collective bargaining agreement cannot change the rights of parties who are not subject to that agreement; where employees are displaced into positions that are subject to the collective bargaining agreement, the agreement does not change their recall rights to their former positions, which were not subject to the agreement.