State ex rel. Teamsters Local Union v. Bd. of Comm'rs
Annotate this CaseCounty Commissioners passed a resolution establishing an early retirement incentive plan (ERIP). The resolution made the plan available to all employees of Commissioners except for the sanitary engineering division. A few days before passage of the resolution, some employees of the division filed a grievance regarding eligibility for the retirement plan. None of them were members of Union, a bargaining unit of employees who worked for the sanitary engineering division, but at least four Union members attended the hearing. The county administrator determined that the division employees were not permitted to participate in the retirement plan. Union filed a taxpayer action against Commissioners, on behalf of all union-member division employees, seeking a declaration that the ERIP was in violation of Ohio Rev. Code 145.297. The trial court agreed and held for Union. The court of appeals affirmed. The Supreme Court reversed, holding (1) Union lacked standing to bring a taxpayer action against Commissioners, and to the extent that Union had standing in its own right, Union failed to exhaust its administrative remedies; and (2) therefore, the issue of whether Commissioners' ERIP was in violation of section 145.297 was moot.
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