The Buckeye Institute has filed an appeal in the case of Darling v. American Federation of State, County, and Municipal Employees (AFSCME) with the Ohio Supreme Court. The organization is seeking a ruling that confirms Ohio’s lower courts, rather than the State Employment Relations Board (SERB), have jurisdiction over cases where public employees allege their employers have illegally deducted money from their paychecks for union dues.
Jay R. Carson, senior litigator at The Buckeye Institute and lead attorney representing the plaintiffs, stated, “‘Have your day in court’ is a truism that we learn from a young age. But if you were a member of a government union—a union still taking money out of your paycheck—getting your day in court is not that easy.” He added, “This must change, and Darling v. AFSCME presents the Ohio Supreme Court the opportunity to clarify that common pleas courts have jurisdiction to decide private contractual disputes like the ones presented in this case.”
The appeal contends that former members of the Ohio Association of Public School Employees (OAPSE) should be allowed to challenge their union contracts' validity and enforceability in court. These members claim money was taken from their paychecks even after they had resigned from the union. The unions and lower courts have directed these individuals to seek relief through SERB instead of through the judicial system.
In contrast, in a similar case—Littlejohn v. AFSCME—SERB advised another client of The Buckeye Institute to file her case in court. If current lower court rulings are upheld, public employees may lack any forum to contest their union contracts' legality.
The Buckeye Institute represents five clients who experienced such deductions:
- Chelsea Kolacki of Toledo, an office assistant for Maumee City School District, resigned from OAPSE on September 24, 2020.
- Kristy Kolacki of Toledo, a secretary for Maumee City School District, also resigned on September 24, 2020.
- Laura Langsdale of Akron, a custodian for Springfield Local School District, resigned on October 20, 2020.
- Ronnie Legg of Galloway, a driver for Columbus City School District, resigned on August 20, 2020.
- Stephen Tulga of Columbus, a bus driver for Upper Arlington City School District, resigned on May 6, 2021.
OAPSE asserts that these individuals signed contracts authorizing continued deduction of membership dues despite no longer being union members.