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Darling v. AFSCME |
For media inquiries, please contact:
Lisa Gates, vice president of communications
(614) 224-3255 or Lisa@BuckeyeInstitute.org
Resolution to the Case
On October 1, 2024, the Ohio Supreme Court declined to hear The Buckeye Institute’s appeal on the question of whether the courts or the State Employment Relations Board have jurisdiction in these types of cases.
In Littlejohn v. AFSCME, the State Employment Relations Board ruled it did not have jurisdiction in these types of cases. Littlejohn v. AFSCME is pending with the Hamilton County Court of Common Pleas to resolve the question of jurisdiction in these types of cases.
Background on the Case
Key Questions in the Case: Can a union continue to collect dues for the duration of the union contract from people who have quit the union and are no longer members? Can a union place limitation on when and how a member may leave the union and impose a penalty for leaving?
On June 27, 2018, the United States Supreme Court issued its landmark ruling in Janus v. AFSCME, holding that public employees cannot be forced to support political speech or other activities without their affirmative consent. This opinion reinforced the law regarding public employees’ rights to avoid compelled payments to the unions chosen to represent them.
Despite the historic court decision, many government unions have refused to recognize workers’ Janus rights and have continued to illegally take money from public employees’ paychecks—employees whom the unions themselves have acknowledged have quit the union and are therefore no longer union members. Using a legal sleight-of-hand to claim that workers can quit their union only during specified opt-out windows that may be months or even years in the future, government unions claim that they can keep taking money from workers’ paychecks regardless of their status as non-union members.
These unions are claiming that the employees signed a contract authorizing the unions to keep deducting membership dues from their paychecks even after they are no longer members of the union. Ohio’s law simply does not allow this unethical practice, and it is time for the court to tell the unions and the government to stop illegally taking money from workers’ paychecks.
About Buckeye’s Clients
After winning settlements in favor of five of its clients, The Buckeye Institute is now representing five public employees from across Ohio:
- Chelsea Kolacki of Toledo is an office assistant for the Maumee City School District. She was a member of the Ohio Association of Public School Employees before she resigned on September 24, 2020.
- Kristy Kolacki of Toledo is a secretary for the Maumee City School District. She was a member of the Ohio Association of Public School Employees before she resigned on September 24, 2020.
- Laura Langsdale of Akron is a custodian for the Springfield Local School District. She was a member of the Ohio Association of Public School Employees before she resigned on October 20, 2020.
- Ronnie Legg of Galloway is a driver for the Columbus City School District. He was a member of the Ohio Association of Public School Employees before he resigned on August 20, 2020.
- Stephen Tulga of Columbus is a bus driver for the Upper Arlington City School District. He was a member of the Ohio Association of Public School Employees before he resigned on May 6, 2021.
The Buckeye Institute won settlements in favor of five of its clients:
- Lukas Darling of Campbell was a property enforcement officer for the Boardman Township Planning and Zoning Department. He was a member of AFSCME before he resigned on November 4, 2020.
- Tonya Iannarino of Toledo is an OMB specialist for Toledo Public Schools. She was a member of AFSCME before she resigned on November 13, 2020.
- Barb Larrow of Maumee is a bus driver for Toledo Public Schools. She was a member of AFSCME before she resigned on March 11, 2021.
- Deborah Pinion of Upper Sandusky is a highway technician with the Ohio Department of Transportation. She was previously a member of AFSCME before she resigned on March 20, 2020.
- Christin Wilkins of Bowling Green was an eighth-grade science teacher for the Columbus City School District. She was a member of the Ohio Education Association before she resigned on August 25, 2020.
Facts of the Case
Current Status
On October 1, 2024, the Ohio Supreme Court declined to hear The Buckeye Institute’s appeal on the question of whether the courts or the State Employment Relations Board have jurisdiction in these types of cases.
Case Number
Ohio Supreme Court: 2024-1051
Lower Court: 23AP-645
Originally Filed
December 19, 2022
Original Court
Franklin County Court of Common Pleas
Lawyers
Robert Alt, president and chief executive officer, The Buckeye Institute
David C. Tryon, director of litigation, The Buckeye Institute
Jay R. Carson, senior litigator, The Buckeye Institute
Claims in the Case
Deducting union membership dues from the paychecks of workers who have quit their unions is illegal because the “contract” between the unions and the employees has been rescinded or voided. This assertion is based upon Ohio contract law, specifically the doctrines of recission based on mutual repudiation, mutual mistake, unenforceable penalty, unconscionable contracts of adhesion, and unjust enrichment.
The Buckeye Institute’s clients are asking for damages in the amount of the union membership dues taken from them after they quit their unions, and they are requesting an injunction to prevent further union membership dues deductions from their paychecks.
Timeline of the Case
October 1, 2024
The Ohio Supreme Court declined to hear The Buckeye Institute’s appeal on the question of whether the courts or the State Employment Relations Board have jurisdiction in these types of cases.
July 19, 2024
The Buckeye Institute files its appeal on the question of whether the courts or the State Employment Relations Board has jurisdiction in these types of cases is pending with the Ohio Supreme Court.
June 6, 2024
Ohio’s Tenth District Court of Appeals affirms the lower court’s ruling to dismiss Darling v. AFSCME.
February 28, 2024
Oral arguments are scheduled for April 3, 2024, at 9:30 a.m.
November 22, 2023
The Buckeye Institute files its appeal in Darling v. AFSCME with Ohio’s Tenth District Court of Appeals.
October 23, 2023
The Buckeye Institute files a notice that it is appealing Darling v. AFSCME to Ohio’s Tenth District Court of Appeals.
October 3, 2023
Judge Jaiza Page grants the union’s motion to dismiss Darling v. AFSCME.
June 26, 2023
The Buckeye Institute files a memorandum in opposition to the union’s motion to dismiss Darling v. AFSCME.
April 21, 2023
After successfully winning settlements for four of its clients, The Buckeye Institute files an amended complaint in Darling v. AFSCME.
March 27 and 28, 2023
After winning settlements in favor of five of its clients, The Buckeye Institute files dismissals for Lukas Darling, Tonya Iannarino, Barb Larrow, Deborah Pinion, and Christin Wilkins. The Buckeye Institute’s five other clients agreed to dismiss their employers from the lawsuit.
February 2, 2023
The Buckeye Institute files a lawsuit in Ohio’s 10th District Court of Appeals against Columbus City Schools for the release of public records that are subject to Ohio’s Public Records Act.
December 19, 2022
The Buckeye Institute files Darling v. AFSCME with the Franklin County Court of Common Pleas on behalf of ten public employees who have had money illegally taken out of their paychecks by their employers and given to a government union.
