From the Ohio State Employment Relations Board in In re City of Youngstown, decided in December by Chair W. Craig Zimpher, Vice Chair Sandra Drabik Collins, and Board Member Robert Walter, but just posted on Westlaw:
- City violated RC 4117.11(A)(1) when Fire Chief yelled at, physically threatened, uttered racially oriented names (i.e., "punk ass white boys"), and accused Union President and Vice President of being "racist" when they requested information about, and demanded to bargain over, effects of offering EMT class to bargaining unit employees, constituting restraint and coercion in exercise of rights guaranteed to them.
- City violated RC 4117.11(A)(1) when Mayor publicly labeled two Union leaders as being racist for engaging in lawful actions, likely causing reputational harm, and restraining their continued protected activity.
- City violated RC 4117.11(A)(3) when Mayor condoned Fire Chief's conduct and ratified his views in media. More likely than not, this led to negative characterization of Captains by at least one citizen and at least one Union member. This, in turn, caused each official to have to defend his reputation for merely exercising his duty as Union officer. This reputational harm constituted a change in conditions of employment for Union President and Vice President, because Mayor's conduct specifically harmed their protected right to maintain their good reputation….
The relevant statutory provisions, from Ohio Rev. Code 4117.11, read:
