State ex rel. Singer v. Fairland Local School Dist. Bd. of Edn. (Slip Opinion), 2017 Ohio 8368

Background

Singer was hired as a substitute custodian by Fairland Local School District in September 2006 and worked intermittently as a substitute through at least June 2016; he never signed a written employment contract.
Paystubs and district attendance records labeled him “SUB CUST” and documented he was called as a substitute across multiple buildings, for varying days and hours, and often for different regular custodians.
Singer claimed he met the statutory thresholds in R.C. Chapter 3319 to be a “regular nonteaching school employee” and thereby acquire continuing-contract status under R.C. 3319.081 and attendant benefits (vacation, sick leave, holidays, etc.).
Fairland argued Singer was not a regular nonteaching employee because (1) he never had a written contract as required by R.C. 3319.081 and (2) collective-bargaining agreements defined "full-time" duties that Singer did not satisfy.
The Supreme Court treated the matter as a mandamus action and required Singer to prove by clear and convincing evidence a clear legal right, a corresponding duty on the board, and lack of an adequate plain remedy.
The majority concluded Singer’s work was irregular in days, hours, and locations and therefore he failed to prove he was a “regular” nonteaching employee; the writ was denied. Justice O’Neill dissented, arguing Singer’s long service and duties should have compelled continuing-status relief.

Issues

Issue	Singer's Argument	Fairland's Argument	Held
Whether Singer was a “regular nonteaching school employee” under R.C. 3319.081	Singer argued his multi-year, recurring service (exceeding 120 days in several years) made him a regular employee entitled to written contracts and continuing status	Fairland argued Singer was a substitute (no written contract), worked irregular hours/locations, and did not meet full-time definitions in union contracts	Held: Singer failed to show by clear and convincing evidence that his employment was “regular”; writ denied
Whether absence of a written contract defeats a claim to continuing status under R.C. 3319.081	Singer contended the board’s failure to offer a contract does not negate statutory protections; the statute imposes a duty on the board to offer written contracts	Fairland contended the statute’s wording ("shall enter into written contracts") required employee contracts and thus Singer could not qualify without one	Held: The statute imposes a duty on the employer to offer contracts; lack of a board-offered written contract does not by itself defeat a qualifying employee’s claim, but Singer still failed to prove he was a “regular” employee
Whether collective-bargaining agreements supersede R.C. 3319.09(B)’s definition of a "year"	Singer argued the statutory 120-day definition controls his term-of-service calculation	Fairland argued the CBA implicitly defined full-time (more hours/days) and thus supplanted the statute	Held: CBAs must explicitly show intent to preempt statutory rights; here they did not, so the statutory definition controls
Remedies available (mandamus/back pay/benefits)	Singer sought mandamus to require recognition as continuing employee and back pay/benefits	Fairland resisted mandamus relief, asserting Singer had no clear right	Held: Because Singer failed to prove a clear legal right to continuing status, mandamus and monetary relief were denied

Key Cases Cited

State ex rel. Couch v. Trimble Local School Dist. Bd. of Edn., 120 Ohio St.3d 75 (2008) (mandamus is proper to enforce R.C. 3319.081 rights)
State ex rel. Boggs v. Springfield Local School Dist. Bd. of Edn., 82 Ohio St.3d 222 (1998) (statutory protections cannot be defeated by board inaction)
Gates v. River Local School Dist. Bd. of Edn., 11 Ohio St.2d 83 (1967) (prior-law holding that absence of express contract allowed indeterminate hiring; distinguished by majority)
State ex rel. Borders v. Jefferson Local School Dist., 59 Ohio St.2d 109 (1979) (employee must be "regular" to obtain continuing status)
State ex rel. Chavis v. Sycamore City School Dist. Bd. of Edn., 71 Ohio St.3d 26 (1994) (statutory definition controls term-of-service unless CBA specifically covers the matter)
Coolidge v. Riverdale Local School Dist., 100 Ohio St.3d 141 (2003) (discusses limits and application of R.C. Chapter 3319 protections)
State ex rel. Ohio Assn. of Pub. School Emps. v. Batavia Local School Dist. Bd. of Edn., 89 Ohio St.3d 191 (2000) (collective-bargaining agreement must explicitly show intent to preempt statutory rights)
Fraley v. Estate of Oeding, 138 Ohio St.3d 250 (2014) (undefined statutory terms are given their plain and ordinary meaning)