Background
Tiffany Binder filed suit against AFSCME Local 2174 and Ohio Council 8 alleging that the union improperly continued to deduct dues from her paychecks after she resigned from the union. Binder sought injunctive relief, declaratory judgment, and damages in the Lucas County Court of Common Pleas.
The trial court granted the union’s motion to dismiss, finding it lacked subject-matter jurisdiction because the alleged conduct constituted unfair labor practices subject to the State Employment Relations Board’s (SERB) exclusive jurisdiction under R.C. Chapter 4117. Binder appealed.
The Court’s Holding
The Sixth District affirmed on an accelerated calendar. The court relied on its recent decision in Vanderveer v. Ohio Association of Public School Employees, 2026-Ohio-964, which addressed identical issues and held that claims of improper union dues deductions after resignation fall within SERB’s exclusive jurisdiction under R.C. Chapter 4117.
Because the issues were identical to Vanderveer, that decision was controlling. The court found both assignments of error not well-taken and affirmed the dismissal.
Key Takeaways
- Claims that a union improperly deducted dues after a member’s resignation constitute unfair labor practices within the exclusive jurisdiction of SERB.
- Ohio common pleas courts lack subject-matter jurisdiction over disputes properly classified as unfair labor practices under R.C. Chapter 4117.
- The Sixth District’s Vanderveer decision establishes binding precedent on the jurisdictional question of post-resignation union dues disputes.
Why It Matters
This case, together with Vanderveer, settles the jurisdictional question in the Sixth District regarding post-resignation union dues disputes. Employees who believe their union improperly continued dues deductions must pursue their claims through SERB rather than state court. Labor attorneys should file unfair labor practice charges with SERB rather than risk dismissal in common pleas court.