The Buckeye Institute has filed an appeal with Ohio’s Sixth District Court of Appeals in the case DuPuis v. American Federation of State, County and Municipal Employees (AFSCME). The organization is asking the court to overturn a lower court’s decision that dismissed the case and to address what it calls union wage theft practices.
Jay R. Carson, senior litigator at The Buckeye Institute and attorney for Ms. DuPuis and Mrs. Binder, stated, “Ohio’s Constitution is clear, ‘All courts shall be open, and every person…shall have justice administered without denial or delay.’ The Buckeye Institute’s clients are asking for their day in court. Instead, they have been knocked around like a pinball with both the courts and the State Employment Relations Board refusing to hear their case.”
The appeal argues that the lower court was wrong to dismiss the case on grounds that it falls under the exclusive jurisdiction of the State Employment Relations Board. The Buckeye Institute contends that a previous Ohio Supreme Court decision reaffirmed that courts maintain jurisdiction over private contractual disputes involving public employees. It also claims that denying access to court violates the Open Courts Provision of the Ohio Constitution.
Founded in 1989, The Buckeye Institute is a non-partisan nonprofit think tank based in Columbus, Ohio. The organization focuses on advancing free-market public policy through research, data analysis, and legal advocacy. It provides support to policymakers on issues related to individual liberty and limited government while relying on private funding from individuals, corporations, and foundations.
More information about DuPuis v. AFSCME can be found at BuckeyeInstitute.org/DuPuisvAFSCME.
