State ex rel. Bush v. Spurlock

588 N.E.2d 840, 63 Ohio St. 3d 453, 1992 Ohio LEXIS 629
CourtOhio Supreme Court
DecidedApril 15, 1992
DocketNo. 90-1213
StatusPublished
Cited by7 cases

This text of 588 N.E.2d 840 (State ex rel. Bush v. Spurlock) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Bush v. Spurlock, 588 N.E.2d 840, 63 Ohio St. 3d 453, 1992 Ohio LEXIS 629 (Ohio 1992).

Opinion

Per Curiam.

When a classified civil service employee has been unlawfully excluded from public employment, a writ of mandamus may issue to order payment of compensation lost during the wrongful exclusion. State, ex rel. Crockett, v. Robinson (1981), 67 Ohio St.2d 363, 21 O.O.3d 228, 423 N.E.2d 1099; State, ex rel. Martin, v. Columbus (1979), 58 Ohio St.2d 261, 12 O.O.3d 268, 389 N.E.2d 1123, paragraph one of the syllabus; Monaghan v. Richley (1972), 32 Ohio St.2d 190, 61 O.O.2d 425, 291 N.E.2d 462, syllabus. The writ is available because the employee is entitled, by virtue of his or her classified status, to be paid the salary he or she would have received for the exclusion period, providing the amount is established with certainty, and the employee has no adequate remedy in the ordinary course of law to secure such payment. See Crockett, supra, at 365, 21 O.O.2d at 230, 423 N.E.2d at 1101; Monaghan, supra, at 195, 61 O.O.2d at 428, 291 N.E.2d at 465.

The court of appeals found that appellees had been wrongfully excluded from their employment by declaring the common pleas judgment res judicata on this issue. The court thus allowed back wages and longevity pay in stipulated amounts. The court did not allow stipulated losses for the pertinent salary cuts, however, because the cuts occurred after the three appellees were reinstated to their former positions, and the reductions in pay could be appealed to the NCSC pursuant to R.C. 124.34. Appellants challenge the application of res judicata and, in their cross-appeal, appellees challenge the denial of relief to compensate for the salary cuts. Appellants also assert that the common pleas court’s failure to make a monetary award prevented the court of appeals from finding a legal duty to reimburse appellees.

Thus, this case presents three issues for our review: (1) Is a common pleas court judgment disaffirming certain layoffs and demotions conclusive of the illegality of these job actions? (2) Do appellants have a clear legal duty to reimburse appellees for the salary lost during the layoffs and demotions even though the common pleas court did not make a monetary award? and (3) Did the court of appeals err by denying a writ of mandamus to remedy the post-reinstatement pay reductions? For the reasons that follow, we hold, as the court of appeals did, that the common pleas judgment is conclusive by application of res judicata, that a duty to pay lost wages exists when civil service employees are wrongfully excluded from public employment, notwithstanding the absence of a specific order to make such payment, and that a writ of mandamus could not issue to correct the pertinent salary cuts due to the availability of an adequate remedy. Accordingly, we affirm.

[456]*456 Res Judicata

The court of appeals held that the common pleas court’s prior reversal of the NCSC order was res judicata and precluded relitigation of the legality of appellees’ layoffs and demotions because (1) the parties in this action, except for Bush,3 were parties in the appeal of the NCSC order, (2) the legality of these job actions was necessarily and finally determined by the common pleas court in that appeal, and (3) the appeal afforded a full and fair opportunity to litigate the matter. See Goodson v. McDonough Power Equip., Inc. (1983), 2 Ohio StSd 193, 2 OBR 732, 443 N.E.2d 978. We agree.

Res judicata refers to the principle that:

“A final judgment or decree rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions and facts in issue as to the parties and their privies * * Whitehead v. Gen. Tel. Co. (1969), 20 Ohio St.2d 108, 49 O.O.2d 435, 254 N.E.2d 10, paragraph one of the syllabus.

In reviewing the NCSC order, the common pleas court held:

“The NCSC order was unsupported by the preponderance of substantial, reliable and probative evidence on the whole record. There was no evidence whatsoever in the record to justify the NCSC order which states:

«[<] * * * where an employee is temporarily laid off by the Norwood School Board in the interest of economy and for the sole reason of lack of sufficient funds, the layoff by order of seniority within the job classification as was done in this instance is justified.f’]

“No evidence supported the conclusion that the layoffs were [in] the interest of economy, no evidence supported the conclusion that there was a lack of sufficient funds, no evidence supported the fact that the layoffs were temporary. There was no evidence that the layoffs were within the job classification, as no classification plan existed. The layoffs were substantially defective and not in accordance with law.”

Moreover, in a later “final entry” of February 27, 1987, the common pleas court stated:

“This matter is before the Court on an appeal from the order of the Norwood Civil Service Commission pursuant to R.C. Chapter 2506. For the reasons set out in the Court’s findings of fact and conclusions of law filed herein on December 2, 1986, we find that the order of the Norwood Civil [457]*457Service Commission is contrary to law and unsupported by the preponderance of substantial, reliable and probative evidence on the whole record. Accordingly, that order is hereby reversed and vacated.

U * * *

“Costs are assessed against defendants-appellees. This Entry adjudicates all claims and the rights and liabilities of all the parties.”

Appellants argue that the common pleas court did not render a judgment on the merits; however, these entries plainly establish that the court found the layoffs and related demotions of July 1981 to be unlawful, which was the ultimate issue in the appeal of the NCSC order. Appellants also contend that the common pleas court “was merely correcting a defect of procedure,” which they assert to be the NCSC’s grant of “summary judgment” in their favor. Appellants provide no justification for this conclusion, and we see nothing in the record that supports it. Thus, we concur with the court of appeals’ finding that the common pleas court’s judgment finally and necessarily resolved the validity of the July 1981 job actions.

Appellants further argue that they did not have an opportunity to present evidence before the common pleas court. The common pleas court record is not before us, but the parties agree that it contained no evidence about the reason for appellees’ layoffs and demotions. This lack of evidence, however, is in no way due to the common pleas court proceedings. The common pleas court judge specifically advised the parties to the appeal by letter that the record in the case contained arguments, but no evidence other than layoff notices, and he accordingly offered to set the matter for hearing, per R.C. 2506.03. Appellants did not accept this offer or submit further evidence, even though they had the burden of proof to show why the layoffs and demotions were needed. State, ex rel. Potten, v. Kuth

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Cite This Page — Counsel Stack

Bluebook (online)
588 N.E.2d 840, 63 Ohio St. 3d 453, 1992 Ohio LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bush-v-spurlock-ohio-1992.