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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

Employees Of Educational Service Centers Do Not Have Recall Rights Following A Reduction In Force According To Ohio Appellate Court Decision

In Ruez v. Lake Cty. Educational Serv. Ctr., 2017-Ohio-4125, an Ohio appellate court found that the governing board of an educational service center (“ESC”) did not breach its contract with an intervention specialist when it implemented a reduction in force under R.C. 3319.17. In doing so, the court also found that employees of an ESC […]

Statements Made During Executive Session Are Privileged In Defamation Cases

In Janiszewski v. Belmont Career Ctr., 2017-Ohio-855, an Ohio appellate court considered the following issue: Whether statements made during a school board’s executive session are privileged in a defamation case. To be fair, the appellate court considered a lot of other issues in Janiszewski. Seriously – there was a lot going on in this case. However, the privilege […]

Nonteaching Employees Who Work Irregular Days, Hours, and Assignments Are Not Entitled To Continuing Contracts

In a significant case involving the continuing contract status of nonteaching employees under R.C. 3319.081, the Ohio Supreme Court ruled that a substitute custodian whose schedule is irregular with respect to days of service, hours worked, and school-building assignment is not considered a “regular nonteaching school employee” under Ohio law and, as result, is not […]

It’s the Board Resolution that Matters – Not the Contract

In Sun Bldg. Ltd. Partnership v. Value Learning & Teaching Academy, Inc., 2017-Ohio- 8727, an Ohio appellate court ruled that “a governmental entity can bind itself to a [contract] by taking sufficient action before it is executed.” Sun at ¶ 22. The case involved a fight over the remaining assets belonging to a shuttered community […]

Attention Social Workers – No Collective Bargaining for You!

In Laborers’ Internatl. Union of N. Am., Local 860 v. Cuyahoga Cty., 2017-Ohio-8552, an Ohio appellate court agreed with an order from the Ohio State Employment Relations Board (“SERB”) which found that a group of social workers were “supervisors” and not “public employees” subject to Ohio’s collective bargaining laws. Accordingly, the social workers could not […]