In Gunn v. Bd. of Educ. of Euclid City School Dist. (1988), 151 Ohio App.3d 41, 554 N.E.2d 130, twelve former teachers left the school system pursuant to an early retirement incentive. 51 Ohio App. 3d at 41. The board of education subsequently adopted a resolution that created a new, more favorable incentive plan for prospective retirees. Id. The Eighth District Court of Appeals concluded that the trial court lacked jurisdiction to hear the claims, because the board's conduct arguably violated R.C. 4117.11(A)(1)and (5). Id. at 44. As was noted in Gunn, "a public employer's unilateral modification of the terms or conditions of employment may constitute a refusal to bargain collectively with the union." Id. The alleged breach in Gunn occurred after the teachers had retired and were no longer currently employed by the board. Thus, while the Eighth District did not directly address whether the retired teachers were "public employees" under R.C. 4117.01(C), the Eighth District implicitly held that retirees are covered, by subjecting the retired teachers' claims to the requirements of R.C. Chapter 4117. In Gunn v. Bd. of Educ. of Euclid City School Dist. (1988), 51 Ohio App. 3d 41, 554 N.E.2d 130, the Eighth District Court of Appeals considered whether the trial court had jurisdiction over the claims of several retired teachers who alleged, among other things, that the board had breached the collective bargaining agreement by unilaterally adopting a resolution creating a new, more favorable incentive plan for prospective retirees. 51 Ohio App. 3d at 41. The Eighth District noted that "a public employer's unilateral modification of the terms or conditions of employment may constitute a refusal to bargain collectively with the union." Id. at 44. Because the board's adoption of the resolution in question was "arguably a refusal to bargain," the Eighth District held that the trial court lacked jurisdiction over the teachers' claims. Id.