CIVIL SERVICE PERSONNEL ASSOCIATION, INC. v. CITY OF AKRON

No. 75-1164.

48 Ohio St. 2d 25 (1976)

CIVIL SERVICE PERSONNEL ASSOCIATION, INC., APPELLEE, v. CITY OF AKRON; LOCAL No. 1360, AMERICAN, FEDERAL, STATE, COUNTY & MUNICIPAL EMPLOYEES, APPELLANT.

Supreme Court of Ohio.

Decided October 27, 1976.


Attorney(s) appearing for the Case

Mr. Bruce B. Laybourne and Mr. Harry A. Tipping, for appellee.

Messrs. Miller & Morris, Mr. George B. Vasko, Mr. Adrian V. Hershey, Messrs. Berkman, Gordon, Kancelbaum & Levy and Mr. Bernard A. Berkman, for appellant Local No. 1360.


Per Curiam.

Appellant contends that a complaint for injunctive relief to force a municipality to conduct an election among its employees, to determine which of two rival employee unions shall represent them, is subject to a motion to dismiss for failure to state a claim for which relief can be granted under Civ. R. 12(B)(6), because no legal or equitable right to such an election exists. Appellant points out there exists no statutory authority for the election...

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