Fairland Assn. of Classroom Teachers v. Fairland Local Bd. of Edn.
2017 Ohio 1098
| Ohio Ct. App. | 2017Background
- Appellants (the Fairland teachers association and teacher McClung) sued the Fairland Local School Board alleging breach of their collective-bargaining Master Agreement and sought declaratory relief and reinstatement/back pay for McClung’s supplemental (athletic director) contract.
- Agreement required notice of nonrenewal of supplemental contracts by April 30; McClung received a hand-delivered nonrenewal letter dated May 5, 2014.
- Appellants also alleged the board violated a grievance-notice provision (decision must be provided by the board president within five days), because the treasurer delivered the grievance denial.
- The Board moved to dismiss under Civ.R. 12(B)(1) for lack of subject-matter jurisdiction, arguing SERB has exclusive jurisdiction over disputes arising from R.C. Chapter 4117.
- The magistrate granted dismissal; the trial court upheld that decision as timely objections were not made. On appeal, the Fourth District affirmed, holding SERB has exclusive jurisdiction because the claims arise from or depend on rights created by R.C. Chapter 4117.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether common pleas court has jurisdiction over breach-of-contract/declaratory claims that arise from a CBA | Appellants: claims are contractual and properly filed in common pleas (agreement lacks binding arbitration); not precluded by SERB | Board: claims depend on collective-bargaining rights under R.C. Chapter 4117; SERB has exclusive jurisdiction | Held: Dismissal affirmed — SERB has exclusive jurisdiction because claims arise from/ depend on R.C. Chapter 4117 rights |
| Whether failure to timely object to magistrate’s decision and Civ.R. 53 defects preclude appellate review | Appellants: magistrate failed to give conspicuous Civ.R. 53 notice; objections should be considered | Board: objections were untimely; appellate waiver applies | Held: Court declines to reach Civ.R. 53 argument because subject-matter jurisdiction cannot be waived and disposes of the case in SERB’s favor |
Key Cases Cited
- State ex rel. City of Cleveland v. Sutula, 127 Ohio St.3d 131 (Ohio 2010) (SERB has exclusive jurisdiction over matters that arise from or depend on R.C. Chapter 4117)
- Franklin Cty. Law Enforcement Assn. v. Franklin Cty. Court of Common Pleas, 59 Ohio St.3d 167 (Ohio 1991) (if claims arise from R.C. Chapter 4117, the chapter’s remedies are exclusive)
- E. Cleveland Firefighters Local 500 v. City of E. Cleveland, 70 Ohio St.3d 125 (Ohio 1994) (caution against treating every grievance as an unfair-labor-practice matter when a CBA provides binding arbitration)
- Carter v. Trotwood–Madison City Bd. of Edn., 181 Ohio App.3d 764 (Ohio App. 2d Dist. 2009) (SERB exclusive jurisdiction applies where asserted rights would not exist but for the CBA and R.C. Chapter 4117)
- Fischer v. Kent State Univ., 41 N.E.3d 840 (Ohio Ct. App. 2015) (claims dependent on CBA terms are preempted and not for courts lacking CBA jurisdiction)