Malone v. Court of Common Pleas of Cuyahoga County

• Decision Date: 17 March 1976
• Docket Number: No. 75-245,75-245
• Citation: 344 N.E.2d 126,74 O.O.2d 413,45 Ohio St.2d 245
• Parties: , 92 L.R.R.M. (BNA) 2502, 80 Lab.Cas. P 53,953, 74 O.O.2d 413 MALONE et al., Appellees, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY et al., Appellants.
• Court: Ohio Supreme Court

Page 245

45 Ohio St.2d 245

344 N.E.2d 126, 92 L.R.R.M. (BNA) 2502, 80 Lab.Cas. P 53,953,

74 O.O.2d 413

MALONE et al., Appellees, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY et al., Appellants.

No. 75-245.

Supreme Court of Ohio.

March 17, 1976.

Syllabus by the Court

An administrative judge of the juvenile division of a Court of Common Pleas is not authorized to enter into an employment agreement with employees of the court.

Plaintiff-appellee, Charlie Mae Malone, an employee of the Juvenile Court Division of the Court of Common Pleas of Cuyahoga County and member of the American Federation of State, County and Municipal Employees, AFL-CIO, for herself and others similarly situated, filed an action in July 1973 in the Court of Common Pleas of Cuyahoga County to enjoin the administrative judge and other judges of the juvenile division of the court, defendants-appellants, '* * * from administering the terms and conditions of its employees, except in accordance with the terms and conditions * * *' provided in an employment agreement executed in March 1972.

The 'Statement of Policy' and 'Purpose' clauses of that agreement read as follows:

'I. STATEMENT OF POLICY

'This Statement of Policy is between Walter G. Whitlatch, Senior Judge acting under Ohio Rev.Code Sections 2151.13, 2151.17, 2153.03, 2153.08 and 2153.09 on behalf of the Juvenile Court, county of Cuyahoga, hereinafter referred to as the Court and Local Union No. 1746 of the American Federation of State, County, and Municipal Employees, AFL-CIO and the Greater Cleveland District Council No. 78, American Federation of State, County, and Municipal Employees, AFL-CIO hereinafter referred to as the Union.

'II. PURPOSE

'It is the intent of the parties to set forth certain policy statements pertaining to wages, hours, and working conditions to be observed between the parties and to provide procedures for the prompt and equitable adjustment of griveances. The purposes of this Statement of Policy shall be to (1) avoid interruptions to and interferences with the Court's services to the public as governed by the Ohio Revised Code; (2) establish a fair and peaceful procedure for the resolution of differences; and (3) set forth rates of pay, wages, hours of work, and other conditions of employment for employees covered by this statement but subject to the federal and state of Ohio laws.'

As stated in the Statement of Policy, the agreement was executed 'on behalf of the Juvenile Court, county of Cuyahoga' by the then senior judge of that court, Judge Whitlatch. At the time of execution of the agreement, R.C. 2153.08 empowered the juvenile judge 'senior in point of service' to 'appoint and employ such deputies, clerks, stenographers, and other assistants and attaches as are reasonably necessary in connection with the work of said court,' and also gave that judge authority to dismiss such employees. R.C. 2153.09 provided that compensation of the employees of the Juvenile Court was to be fixed by the judge 'senior in point of service.'

Am.H.B. No. 574 which became effective June 29, 1972, made the Juvenile Court of Cuyahoga County a separate division of the Court of Common Pleas of that county and amended R.C. 2153.08 and 2153.09 by placing the authority held by the judge 'senior in point of service' over court employees in the administrative judge of the juvenile division of a Court of Common Pleas.

Pursuant to the Rules of Superintendence, Judge Toner was elected administrative judge of the juvenile division on June 29, 1972. Judge Toner, in a notice to the staff, issued that day, stated that the Statement of Policy entered into by his predecessor did not 'bind his successors' and that he would 'consider adopting such features (of the Statement of Policy) as would be legal and appropriate to the proper administration of the court * * *.'

In addition to the prayer for injunction mentioned above, plaintiffs requested that defendants 'be compelled fully to perform each and every term of the employment agreement from its effective date, February 1, 1972, and that the plaintiffs be awarded damages in the amount of one hundred thousand dollars ($100,000.00) * * *.'

The trial court denied plaintiffs' demand for monetary damages, but enjoined 'the Juvenile Court Division of the Court of Common Pleas of Cuyahoga County, its administrative judge and associate judges * * * from administering the terms and conditions of its employees except in accordance with the terms and conditions of the Statement of Policy entered into between the plaintiff unions and the defendants on March 17, 1972 * * *.'

Defendants appealed the judgment of the trial court to the Court of Appeals. That court affirmed the judgment and the cause is now before this court pursuant to the allowance of a motion to certify the record.

Berkman, Gordon & Kancelbaum, Bernard A. Berkman and Harold L. Levey, Cleveland, for appellees.

John T. Corrigan, Pros. Atty., Cleveland, and Richard A. Goulder, University Heights, for appellants.

C. WILLIAM O'NEILL, Chief Justice.

The question presented...