2016 Ohio 8539
Ohio Ct. App.2016Background
- In Nov. 2010 Central State University (CSU) offered Reginald Nnazor the Dean of the College of Education position (salary $94,000); the offer stated faculty appointment/tenure recommendations would follow the Collective Bargaining Agreement (CBA). Nnazor accepted and began as Dean on Jan. 3, 2011.
- In Feb. 2011 the Board approved tenure and faculty status for Nnazor effective March 1, 2011; he continued serving as Dean and did not teach as faculty while Dean.
- In May 2014 CSU requested Nnazor resign as Dean; Nnazor submitted a resignation effective June 30, 2014 and stated he would assume a tenured professor role effective July 1, 2014.
- CSU sent a June 23, 2014 letter offering a nine‑month professor appointment at a base salary of $63,000 (the CBA minimum). Nnazor did not sign that letter but began performing as professor and was paid at the $63,000 rate and later received CBA salary increases.
- Nnazor sued in Court of Claims (Mar. 2015) alleging breach of contract and constitutional claims based on the salary reduction from $94,000 to $63,000. The trial court dismissed the constitutional claims and granted CSU summary judgment on the breach claim; Nnazor appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nnazor had an enforceable employment contract as Dean | The Nov. 3, 2010 offer letter plus events (tenure, board action) created an express or implied contract | Nnazor served as an at‑will Dean and, in any event, he resigned the Dean position | Court: Even if a contract existed, Nnazor resigned and thus cannot show performance required to sustain a breach claim — summary judgment for CSU |
| Whether Nnazor accepted the June 23, 2014 professor offer despite not signing it | Nnazor did not sign the letter and contested the $63,000 term; genuine issue of assent remains | Performance (starting as professor and accepting pay) constituted acceptance | Court: Acceptance occurred by performance; lack of signature did not prevent formation by conduct |
| Whether professor employment and salary claims are governed by the CBA | Nnazor contends prior letters/tenure govern his faculty salary and related rights | CSU: Faculty terms (minimum salary, raises, seniority, grievance procedures) are governed by the CBA | Court: Faculty employment is governed by the CBA (minimum $63,000), so claims arise under the CBA |
| Whether Court of Claims had jurisdiction over the faculty/CBA‑based claims | Nnazor seeks Court of Claims relief on breach of alleged agreement | CSU: Actions alleging violation of a CBA fall under R.C. 4117.09 and belong in common pleas court | Court: Court of Claims lacked jurisdiction over CBA claims; such actions are for common pleas courts — summary judgment affirmed |
Key Cases Cited
- Wright v. Honda of Am. Mfg., Inc., 73 Ohio St.3d 571 (1995) (two exceptions to at‑will employment: contractual alteration and promissory estoppel)
- Mers v. Dispatch Printing Co., 19 Ohio St.3d 100 (1985) (framework for implied/express contract exceptions to at‑will doctrine)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary judgment burden shifting under Civ.R. 56)
- Vahila v. Hall, 77 Ohio St.3d 421 (1997) (summary judgment and nonmoving‑party response requirements)
- Jarupan v. Hanna, 173 Ohio App.3d 284 (2007) (elements of a breach of contract claim)
- Moore v. Youngstown State Univ., 63 Ohio App.3d 238 (1989) (Court of Claims lacks jurisdiction over CBA claims; R.C. 4117.09 grants courts of common pleas exclusive jurisdiction)