This document provides an overview of primary legal sources in Ohio, including how to locate Ohio Revised Code statutes, legislative history, constitutional provisions, administrative code regulations, and case law. It discusses using print and online resources to find these materials and highlights key secondary sources that aid in researching and explaining primary Ohio legal authorities.
1. Ohio Legal Research: Primary Sources
Rebecca Mattson & Karen Schneiderman
Spring 2013: Research Certificate Seminar
Cleveland-Marshall College of Law Library
6. Search Result
Tip: Use secondary legal source
to locate and explain primary
legal sources
SNAPSHOT Tab
7. OHIO JUR. 3D O.R.C.
Ohio Public employer’s have right to seek
injunctions against striking public employees.
39A OHIO JUR. 3D Employment Relations § 652 (2013)
Ohio Revised Code, Chapter
West Pub. 4117, Public Employees'
Collective Bargaining Act
Lexis Pub.
8. O.R.C 4117 et seq.
• Ohio Public Employees Collective Bargaining
Act governs public sector collective bargaining
& strikes
• Provides for administration by the State
Employment Relations Board (SERB), similar to
the National Labor Relations Board (NLRB).
9. Locating: Ohio Revised Code
Print Online
• Baldwin's Ohio Revised • WestlawNext – under Ohio
Code Annotated Statutes & Court Rules also
contains the Ohio Constitution.
(West, 1994 - )
• Westlaw Classic – under OH-ST-
• Page's Ohio Revised Code ANN contains the Ohio
Annotated (Lexis, 1953 - ) statutes, Constitution, and court
rules.
• Lexis Advance – under OH -
Ohio Constitution
• Lexis - under OHCODE contains
Ohio
Statutes, Constitution, Court
Rules from Page's Ohio Revised
Code Annotated
11. Finding Legislative History
To find the session law that enacted the ORC
section, look at the bottom of the O.R.C. statute
in “History” (Lexis) or “Credits” (Westlaw).
Credits
(1983 S 133, eff. 4-1-84)
13. Laws of Ohio
• Check the Laws of Ohio for the original • 1997 & later - The General Assembly's web
version page made available video of hearing and
• 1983 S 133 debates, bills, LSC analysis, and Fiscal notes
• Since this is from 1983, you’ll need to check • 1989 - Hannah (Ohio) Capitol Connection
print (Ohio Room) or microfilm (basement) materials are available from 1989 on. These
include hearing summaries, Governor's veto
messages and Hannah Reports, bills, LSC
analysis and Fiscal notes.
• 1988 - Hannah reports
• 1961 - LSC analysis on microfilm
• 1957 - LSC staff research reports
• 1953 - One paragraph LSC analysis by calling
the LSC. Summary of Enactments.
• 1949 - Bill files at Ohio Historical Society
• 1888 - Bills on Microfilm
• 1803 - Session laws, House & Senate Journals
15. LSC and Hannah
Legislative Services Commission Hannah (Capitol Connection)
• http://www.lsc.state.oh.us/ • http://www.rotundacollecti
bills/default.htm on.com/DesktopDefault.asp
• Can view bill text as x
introduced, amended, and • Can view transcripts of
passed hearings
• Bill analysis • News reports related to
• LSC fiscal analysis legislation
• Status report • Versions
• LSC analysis
17. Ohio Constitutional History
• Prior to enactment of O.R.C. 4117 et seq., there was no
formal legal structure for public sector labor relations.
• Ohio cities used home rule powers granted by Ohio
Constitution as authority to establish and regulate public
employees in Article 8, Section 3 of the Ohio
Constitution.
Bluebook: Ohio Const. art. XVIII, sec. 3
18. OH Const.: Locating
• Annotated Versions: • Unannotated
– Baldwin’s Ohio Revised – Ohio Constitution of
Code Annotated (West: 1851, as amended, (Ohio
print in vol. 1, online: General Assembly)
Westlaw - OH-ST-ANN)
– Page’s Ohio Revised
Code Annotated (Lexis:
print: appendix
vol., online: Ohcnst )
19. OH Constitution: Table of Contents
I. Bill of Rights
II. Legislative
III. Executive
IV. Judicial
V. Elective Franchise
VI. Education
VII. Public Institutions
VIII. Public Debt & Public Works
IX. Militia
X. County & Township Org.
XI. Apportionment
XII. Finance & Taxation
XIII. Corporations
XIV. Ohio Livestock Care Standards Board
XV. Miscellaneous
XVI. Amendments
XVII. Elections
XVIII. Municipal Corporations
20. Ohio Constitution: Versions
• Original Constitution:
Adopted in 1802
• Current Constitution:
Became effective on Sept. 1, 1851 Ohio
Amended many times Constitution, 180
2
NEWS FLASH:
Ohio Constitutional Revision Process
In 2012, Ohio Constitutional Modernization
Commission was established to updating Ohio’s
Constitution. Ohio
Constitution, 185
Work to be completed by July 1, 2021 1
21. Ohio Courts
• Trial Courts – City Municipal
and Ohio Courts of
Common Pleas
– There are 88 Ohio Common
Pleas Courts, one for each
county
• Intermediate Appellate
Courts - Ohio Court of
Appeals
– There are 12 Appellate
Districts in Ohio.
– Cuyahoga County is in the 8th
District.
• Court of Last Resort – Ohio
Supreme Court
22. Current Ohio Case Law Publications
• Ohio Supreme Court • Ohio Common Pleas &
– Ohio State Reports: 1852 Municipal Courts
– present (Selective)
– North Eastern Reporter: – Ohio Miscellaneous:
1885 – present 1962 – date
• Ohio Court of Appeals – Ohio Bar Reports: 1982 -
(selective) 1987
– Ohio Appellate Reports: – Ohio Opinions: 1934 -
1913 – date 1982
– North Eastern Reporter: – Ohio Law Abstracts:
1926 – present 1922 - 1964
23. Ohio’s Public Domain Citation Rule
• After April 30, 2002, the Supreme Court
designated the Supreme Court Website as the
Ohio Official Reports
• Prior to May 1, 2002, the official reports
referred to print publications
• Always consult the Ohio Supreme Court’s
Writing Manual for citation questions:
http://www.sconet.state.oh.us/ROD/manual.p
df
24. Bluebook: Ohio Public Domain Citation
Before May 1, 2002 After May 1, 2001
• State v. Carter, 93 Ohio • State v. Campbell, 100 Ohio
St.3d 581, 585, 757 N.E.2d St.3d 361, 2004-Ohio-
362 (2001). 6804, 800 N.E.2d 356, ¶ 14-
• State v. Johnson, 134 Ohio 15.
App.3d 586, 591-592, 731 • Schwartzentruber v. Orville
N.E.2d 1149 (1st Dist.1999). Grace Brethren Church, 163
Ohio App.3d 96, 2005-Ohio-
4264, 836 N.E.2d 619, ¶ 5
(9th Dist.)
25. Ohio Court Dockets
• Court Dockets - documents filed in the case
(complaint, answer, motion for summary
judgment, etc.), and any orders issued by the
court throughout the pendency of the case.
• Ohio Supreme Court Docket:
– Docket index from 1985 to present.
– Full text of documents from 12/1/2006 to present.
• For more information on Ohio Dockets, see
https://www.law.csuohio.edu/lawlibrary/guides/ohio/dockets#dockets
26. Ohio Research Guides
• For more information on Ohio Primary Law
research, see
http://guides.law.csuohio.edu/ohio_primary_law
• For more information on Ohio Secondary
sources, see
http://guides.law.csuohio.edu/ohio_secondary
Editor's Notes
The Strongsville City Teachers' Strike is an ongoing labor strike organized by the Strongsville Education Association in Strongsville, Ohio. The strike commenced at 12:01 a.m. on March 4, 2013. Our client, Strongsville School Board would like to file an injunction against the Strongsville Education Association to stop the strike.Your assignment is to locate relevant Ohio primary legal sources.
A public employer may seek an injunction against a strike public safety employees during the pendency of statutory settlement procedures or during the term of a collective bargaining agreement.The public employer may seek such an injunction in the court of common pleas of the county in which the strike is located.Public employer may petition the court to issue a temporary restraining order enjoining the strikeIf the court finds probable cause to believe that the strike may be a clear and present danger to the public health and safety, it has jurisdiction to enter a temporary restraining order not to exceed 72 hours.SERB must determine, within the effective period of the temporary restraining order, whether the strike creates a clear and present danger to the health and safety of the publicIf SERB finds that such a danger exists, the court that issued the order has jurisdiction to issue orders to further enjoin the strike.However, the court must make provision for the automatic termination of any further injunction or other order at the end of 60 days following the end of the temporary restraining order, and thereafter no court has jurisdiction to issue any further injunction.6
Prior to XXXX Ohio law, known as the Ferguson Act, reiterated the common-law prohibition against public employees' strikes and contained stringent disciplinary measures.
The first General Assembly first met in Chillicothe, the new state capital, on March 1, 1803.
Prior to the adoption of the Ohio Public Employees Collective Bargaining Act, Ohio governments operated within rules established by a few statutes, cases construing those statutes, and developing common-law principles as the legal framework for collective bargaining. Even without a more formal legal structure, public sector labor relations became a reality in Ohio. In the case of municipalities, the home rule powers granted by Section 3, Article XVIII of the Ohio Constitution provided somewhat broader authority with respect to establishing and regulating labor relations. Although all of this has been changed by the Act, it is helpful to an understanding of the Act as well as an historical perspective to provide a brief explanation of the prior law.Public Employees Collective Bargaining Act prevails over inconsistent provision in municipal home-rule charter. DeCrane v. Westlake (Ohio App. 8 Dist., 06-12-1995) 103 Ohio App.3d 481, 659 N.E.2d 885.Labor And Employment Key Number 1107
Unannotated: Ohio Constitution of 1851, from Ohio General Assembly website. URL: http://www.legislature.state.oh.us/constitution.cfmScope: Amendments to 2011Linked table of contents. Unofficial section numbering. Uses “Section 1.01,” rather than official Bluebook format: “art. I, § 1.”
Ohio Constitution Versions:Since statehood, Ohio only enacted two constitutions.Ohio Constitutional Revision Process: In June 2011, the Ohio legislature voted nearly unanimously to establish the Ohio Constitutional Modernization Commission, a bipartisan group of 12 legislative members and 20 non-legislative members who will serve two years unless reappointed. The commission will meet in November and offer a report of recommendations to the legislature in January on ways to improve the constitution. Any changes would have to be approved later by voters. Commission is based on a similar group in the 1970s. Like that commission, this one will study the constitution and make recommendations to the Ohio legislature, only if two-thirds of the members approve. Legislators will then vote whether to bring the recommendations to voters, which would require a three-fifths majority of the General Assembly.
