West Clermont Ed. Ass'n v. West Clermont Local Bd. of Ed.

• Citation: 21 O.O.3d 457,67 Ohio App.2d 160,426 N.E.2d 512
• Parties: , 21 O.O.3d 457 WEST CLERMONT EDUCATION ASSOCIATION, Appellant, v. WEST CLERMONT LOCAL BOARD OF EDUCATION, Appellee.
• Decision Date: 12 March 1980
• Court: United States Court of Appeals (Ohio)

Page 160

67 Ohio App.2d 160

426 N.E.2d 512, 21 O.O.3d 457

WEST CLERMONT EDUCATION ASSOCIATION, Appellant, v. WEST CLERMONT LOCAL BOARD OF EDUCATION, Appellee.

Court of Appeals of Ohio, First District, Clermont County.

March 12, 1980.

Syllabus by the Court

1. A "real party in interest" is one who has a real interest in the subject matter of the litigation, and not merely an interest in the action itself, i. e., one who is directly benefitted or injured by the outcome of the case.

2. R.C. 1745.01, which provides that an unincorporated association may sue or be sued on behalf of its members, merely grants to unincorporated associations the capacity to sue without joining its individual members as parties, a right such organizations did not enjoy at common law; however, R.C. 1745.01 clearly does not purport to authorize an unincorporated association to bring any suit, regardless of subject matter, on behalf of any, some, or all of its members.

Biegel & Kirkland Co., L. P. A., and James R. Kirkland, Dayton, for appellant.

Ennis & Roberts, J. Michael Fischer and George E. Roberts, III, Cincinnati, for appellee.

PALMER, Judge.

Plaintiff-appellant, West Clermont Education Association, is an unincorporated association which represented all certificated teaching employees of defendant-appellee, West Clermont Local Board of Education, in the negotiation of a collective bargaining agreement, hereafter referred to as the master agreement. In addition to the master agreement, the employment of each teacher was subject to the terms of a separate contract between the appellee and each individual certificated employee. The appellant concedes that it had no part in negotiating these individual contracts, but brought this action for declaratory judgment and injunctive relief based on the appellee's alleged breach of the individual contracts signed by certain of the appellant's members and the appellee's alleged violation of R.C. 3319.08. Specifically, the appellant contended that the appellee, pursuant to a clause in the individual contracts, required some of the freshman and sophomore class teachers at Amelia High School to supervise various extracurricular student activities, without additionally compensating them therefor, arguably in violation of R.C. 3319.08. ¹ The teachers involved were not made parties to the suit; and, on the appellee's motion, the Court of Common Pleas of Clermont County dismissed the complaint, finding that the appellant was not the real party in interest, and thus, had no standing to prosecute the instant action. This appeal followed and presents one assignment of error for review.

The single assignment of error challenges the court's dismissal of the complaint. The appellant argues that R.C. 1745.01, providing that an unincorporated association may sue or be sued on behalf of its members, and Civ.R. 17(A), stating that a party authorized by statute may sue in his own name as representative without joining with it the persons for whose benefit the action is brought, read together, confer upon the appellant the status of a real party in interest with standing to bring this suit. However, R.C. 1745.01, contrary to appellant's assertion, merely grants to unincorporated associations the capacity to sue without joining its individual members as parties, a right such organizations did not enjoy at common law, and clearly does not purport to authorize the appellant to bring any suit, regardless of subject matter, on behalf of any, some, or all of its members. Though the appellant may have the capacity to sue by virtue of R.C. 1745.01, it does not necessarily follow that it is sufficiently "interested" in the subject matter of this action to satisfy the requirement of Civ.R. 17(A) that "(e)very action shall be prosecuted in the name of the real party in interest." See Civ.R. 17(A), Staff Note.

A "real party in interest" is one who has a real interest in the subject matter of the litigation, and not merely an interest in the action itself, i. e., one who is directly benefitted or injured by the outcome of the case. State ex rel. Dallman v. Court of Common Pleas (1973), 35 Ohio St.2d 176, 298 N.E.2d 515; In re Highland Holiday Subdivision (1971), 27 Ohio App.2d 237, 273 N.E.2d 903. Here, it is undisputed that the appellant did not participate in the negotiation of, nor was it a party to, the individual contracts whose breach is...