2016 Ohio 4940
Ohio Ct. App.2016Background
- Keely Jones was a long‑time (11 years) Medicaid Case Manager II employed by Summit County Department of Job and Family Services (SCDJFS) and a member of the bargaining unit represented by Ohio Council 8, AFSCME.
- SCDJFS terminated Jones’s employment effective May 17, 2013; Jones alleged procedural irregularities in the termination and that she was not informed of appeal rights.
- Jones sued SCDJFS and AFSCME in Summit County Court of Common Pleas, asserting wrongful termination/process defects and a union breach of the duty of fair representation.
- Defendants moved to dismiss for lack of subject‑matter jurisdiction, arguing Jones failed to exhaust required administrative remedies.
- The trial court granted the motions to dismiss as to both defendants; Jones appealed.
- The appellate court affirmed, holding Jones cannot raise the SCDJFS appeal‑notice argument for the first time on appeal and that claims against AFSCME asserting unfair labor practices must be filed with SERB (and not as an original common‑pleas complaint).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by denying Jones’s motion to dismiss re: SCDJFS because she was not informed of appeal rights | Jones: SCDJFS failed to disclose appeal rights, preventing exhaustion and depriving court of jurisdiction | SCDJFS: (implicitly) jurisdictional challenge; procedural default | Appellate court: Jones did not raise this issue below and cannot raise it for first time on appeal — assignment overruled |
| Whether claims against AFSCME alleging breach of duty of fair representation/unfair labor practice may proceed in common pleas court without SERB filing | Jones: Union failed to represent her; she should be allowed to litigate in common pleas | AFSCME: Unfair labor practice claims are within SERB’s exclusive jurisdiction; must exhaust administrative remedy | Appellate court: SRB exclusivity bars original unfair‑labor‑practice complaints in common pleas court; dismissal affirmed |
Key Cases Cited
- State ex rel. Bush v. Spurlock, 42 Ohio St.3d 77 (1989) (standard for dismissal for lack of subject‑matter jurisdiction)
- Crestmont Cleveland Partnership v. Ohio Dept. of Health, 139 Ohio App.3d 928 (10th Dist. 2000) (motion to dismiss for lack of jurisdiction reviewed de novo)
- State ex rel. Cleveland v. Sutula, 127 Ohio St.3d 131 (2010) (SERB has exclusive jurisdiction over unfair labor practice claims)
- Franklin Cty. Law Enforcement Assn. v. Fraternal Order of Police, Capital City Lodge No. 9, 59 Ohio St.3d 167 (1991) (statutes do not permit filing original unfair labor practice complaints in common pleas court)