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
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"
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; In re Highland Holiday Subdivision (1971), 27 Ohio App.2d 237. 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 asserted in the complaint.
Our conclusion is buttressed by Rock Drilling, Local Union No. 17, v. Mason & Hangar Co. (S.D.N.Y. 1950), 90 F.Supp. 539, affirmed (C.A. 2, 1954), 217 F.2d 687, certiorari denied (1955), 349 U.S. 915, a case in which a labor union's local organization attempted to sue an employer on behalf of various members of the local organization who were employees of the defendant and who had allegedly been deprived of compensation otherwise due them as a result of the defendant's alleged bribery of a high union official. The court held that although the Taft-Hartley Act conferred capacity to sue in behalf of its members upon the local, that
The assignment of error properly before this court having been ruled upon as heretofore set forth, it is the order of this court that the judgment or final order herein appealed from be, and the same hereby is, affirmed.
BETTMAN, P. J., and KEEFE, J., concur.
"The board of education of each city, exempted village, local, and joint vocational school district shall enter into written contracts for the employment and reemployment of all teachers. The board of education of each city, exempted village, local, and joint vocational school district, which authorizes compensation in addition to the base salary stated in the teachers' salary schedule, for the performance of duties by a teacher which are in addition to the teachers' regular teaching duties, shall enter into a supplemental written contract with each teacher who is to perform additional duties. * * * Such written contracts and supplemental written contracts shall set forth the teacher's duties and shall specify the salaries and compensation to be paid for regular teaching duties and additional teaching duties, respectively, * * *."