State ex rel. Mun. Constr. Equip. Operators’ Labor Council v. City of Cleveland
Annotate this CaseAfter Employee was terminated from his position as a construction-equipment operator with the City of Cleveland, the collective-bargaining unit for construction-equipment operators employed by the City sought a writ of mandamus to compel the City Civil Service Commission to conduct a termination hearing before a neutral referee. The appellate court denied the writ, concluding that Employee had no clear legal right to a termination hearing, that the Commission had no clear legal duty to provide Employee with a hearing before a neutral referee, and that Employee had an adequate remedy in the ordinary course of law. The Supreme Court reversed, holding (1) Employee had a clear legal right to a hearing to challenge his termination; (2) the City was under a clear legal duty to appoint a referee to conduct a hearing; and (3) a writ of mandamus was the proper remedy because Employee had no adequate remedy in the ordinary course of law.
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