MUNICIPAL CORPORATIONS-COLLECTIVE BARGAINING CONTRACTS-IMPLIED POWER TO BARGAIN WITH A LABOR UNION

Under the Ohio Constitution the City of Cleveland had the power to own and operate a street railway system. The city charter authorized the Transit Board to supervise, manage and control the transit system. The authorization included the power to establish wages and working conditions in accordance with the provisions of the charter. An action for a declaratory judgment was brought in order to determine whether the board had the power to contract with a union as the exclusive bargaining agent of the transit system employees, or the power to contract with a union for arbitration of disputes, and finally, whether the board had the power to enter into a collective bargaining agreement with a union.

Held, the Transit Board had no express power, nor could one be implied, to contract with any union. City of Cleveland v. Division 268 Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, 30 Ohio Op. 395 (1945).