In State ex rel. David Murray v. Ohio State Emp. Relations Bd., Ohio’s Tenth District Court of Appeals held that the State Employment Relations Board (“SERB”) did not abuse its discretion in dismissing a union member’s Unfair Labor Practice Charge (“ULP”) as untimely. The Court found the period to file a ULP began, at the latest, when the employee filed a federal court action against his employer and the union about the circumstances giving rise to the ULP.
David Murray, a former lieutenant with the Columbus Division of Police, was terminated in 2008 for divulging police information to a news reporter and failing to advise his superiors of his actions when questioned. Murray filed a grievance through union contract and requested arbitration. An arbitrator was selected but the parties could not agree on a date for the hearing. Between the termination date and September, 2011, when a settlement agreement was signed, the parties exchanged settlement offers. Although the parties still considered arbitration, it was never conducted. On September 3, 2010, while the parties were negotiating, Murray filed a complaint in federal court against the employer and union requesting reinstatement, back pay, pre- and post-judgment interest, attorney’s fees, and compensatory damages for emotional distress.
On January 18, 2011, 122 days after filing his complaint in federal court, Murray filed two Unfair Labor Practice Charges (“ULPs”) with SERB. He alleged that the employer and union conspired to delay timely arbitration and force him to file a lawsuit. SERB dismissed both ULPs for lack of probable cause that a ULP was committed and for failure to timely file.
The Court of Appeals’ affirmed SERB’s ruling. The Court found that Murray’s window for filing a ULP could have begun no later than on the date Murray filed a federal lawsuit regarding his termination. To be timely under Ohio law, a ULP charge must be filed with SERB within 90 days of the date he knows or has reason to know of the alleged unfair labor practice. Because Murray failed to file a ULP charge within 90 days of the date he filed his lawsuit, which was the latest he could have claimed to have discovered the practice, his ULP charge was untimely. Murray filed two additional ULP’s in addition to civil actions in both state and federal court attempting to force arbitration or obtain compensation for wrongful termination. Both cases were dismissed and affirmed on appeal.
If you have any questions regarding this or any other labor matter, please contact Edward Kim at ekim@fishelhass.com or (614) 221-1216.