2015 Ohio 5001
Ohio Ct. App.2015Background
- CEO Union (relator) was certified as exclusive representative of North Ridgeville non-teacher employees after a SERB election and began bargaining with the Board of Education (BOE).
- Parties tentatively agreed on many CBA articles but BOE declared impasse and invoked mediation; CEO Union asserts BOE prematurely refused to continue bargaining and did not in fact mediate.
- CEO Union filed an unfair labor practice charge with SERB; SERB issued an investigator memorandum recommending dismissal and then dismissed for lack of probable cause.
- CEO Union sued in mandamus in the Ninth District Court of Appeals asking SERB be ordered to investigate and find probable cause; Ninth District questioned venue and transferred the case to the Tenth District (Franklin County).
- CEO Union moved in the Tenth District to transfer venue back to the Ninth (Lorain County); the magistrate and court denied that motion, holding venue proper in Franklin County where SERB has its principal place of business and made the challenged decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue for original action challenging SERB decision | Venue is proper in Lorain County under Civ.R. 3(B)(3) and (6) because the events and SERB activity giving rise to relief occurred there | Venue is proper in Franklin County under Civ.R. 3(B)(2) because SERB's principal place of business and the agency decision at issue are in Franklin County | Franklin County (Tenth District) is proper; transfer to Tenth was not an abuse of discretion |
| Whether defendant waived venue defense by not pleading it | Relator pointed out SERB did not assert improper venue in its answer and argued Ninth District should retain the case | SERB focused on Civ.R. 3(B) substantive venue provisions and the location of its principal place of business | Court did not resolve waiver in favor of relocation; relied on precedent (agency principal place and decision location) to uphold transfer to Franklin County |
Key Cases Cited
- Soloman v. Excel Marketing, Inc., 114 Ohio App.3d 20 (Ohio Ct. App. 1996) (plaintiff may choose among the venue provisions of Civ.R. 3(B) with equal status)
- Morrison v. Steiner, 32 Ohio St.2d 86 (Ohio 1972) (discussion of venue choice among Civ.R. 3(B) provisions)
- Nicholson v. Landis, 27 Ohio App.3d 107 (Ohio Ct. App. 1985) (defense of improper venue is waived if not timely asserted)
- Premier Assocs., Ltd. v. Loper, 149 Ohio App.3d 660 (Ohio Ct. App. 2002) (abuse-of-discretion standard applies to trial-court change-of-venue rulings)