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CITY OF KETTERING v. STATE EMP. RELATIONS BD.

No. 85-1459.

26 Ohio St. 3d 50 (1986)

CITY OF KETTERING, APPELLANT, v. STATE EMPLOYMENT RELATIONS BOARD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Denlinger, Rosenthal & Greenberg, Dean E. Denlinger and John W. Fischer, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Loren L. Braverman, for appellee State Employment Relations Board.

Logothetis & Pence, Bruce E. Pence and Mary Jo S. Korona, for appellee Teamsters Local 740.

Berkman, Gordon, Murray & Palda, George W. Palda and Richard T. Bush, for appellee AFSCME.

Gurley, Rishel, Myers & Kopech and Marc E. Myers, urging affirmance for amicus curiae, Ohio Fraternal Order of Police, Inc.

Jaffy, Livorno, Kaufmann & Arnett Co., L.P.A., Stewart R. Jaffy and Henry A. Arnett, urging affirmance for amicus curiae, Ohio Association of Professional Firefighters.

John D. Maddox, law director, Gregory S. Lashutka, city attorney, Richard A. Castellini, city solicitor, William E. Lang, city solicitor, W. McGregor Dixon, Jr., law director, Russell A. Olson, law director, Calfee, Halter & Griswold, John E. Gotherman and William E. Coughlin, urging reversal for amicus curiae, Ohio Municipal League.

CELEBREZZE, C.J.

The issue presented is whether R.C. 4117.01(F)(2), which would require Kettering to bargain collectively with a union representing its police command officers, is constitutional and, if so, whether Kettering's local ordinance runs afoul of that provision. Kettering contends that the management of its police department is a power of local self-government with which the state cannot interfere pursuant to Section 3, Article XVIII of the Ohio Constitution...

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