Legal Question in Employment Law in Ohio

Not Following Contract

My school district laid off employees. Some of us were displaced as I was one of them. The contract states that they are to call you by rank of senority and offer you open positions. I found out that my name was not on the list and that is why I did not get called so they sent me my assigment in the mail for the new year. I got offered none of the open choices like my other co workers who have less senority did. Human resources if refusing to change this for me as I was not offered any of the open positions but got what was left. They are supposed to go back and redo the call list but tell me I should keep what I have and the only change they will make is the one school that is left that nobody wants.

The contract also states that teachers are to be displaced from their buildings by district senority not by building. I had two buildings last year and the one teacher with less senority gets to stay as they say the 5 day a week person gets priority but that is not stated in the contract as such. I am being treated unfairly and need to take action!


Asked on 7/29/07, 8:43 pm

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Not Following Contract

By contract, it is assumed that you mean a collective bargaining agreement. You should review the CBA for procedures for filing a grievance. In some cases, you must exhaust your remedies under the CBA before taking legal action. If you are unsure, contact your union steward.

If you are employed by a municipal school district, you may be able to file a complaint with the State Employment Relations Board ("SERB")and/or obtain additional information from SERB on procedures for having your complaints addressed.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 7/30/07, 9:21 am


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