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Does Charter Amendment Allow City to Act Contrary to Pre-Existing Collective Bargaining Agreement?

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Does Charter Amendment Allow City to Act Contrary to Pre-Existing Collective Bargaining Agreement?

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State Employment Relations Board and City of Cincinnati v. Queen City Lodge No. 69, Fraternal Order of Police, Case no. 2007-2269 1st District Court of Appeals (Hamilton County) ISSUES: • Does a city council commit an unfair labor practice by submitting for voter approval a proposed amendment to the city charter that, if adopted, would authorize the city to act contrary to a term of a pre-existing collective bargaining agreement between itself and a class of city employees? • If adopted by voters, does an amendment to a city charter empower the city to act consistent with the charter amendment if such action would be contrary to a term of a pre-existing collective bargaining agreement? BACKGROUND: In the aftermath of several days of rioting and protests based on alleged improper conduct by city police officers, the Cincinnati City Council placed on the November 2001 election ballot a proposed amendment to the city charter. The amendment, which was approved by voters, specified that all

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