Plaintiff alleges Ohio Association of Public School Employees violated contractual rights in union dues dispute

In a significant legal battle that underscores the complexities of union membership and employee rights, Matthew Sheldon, a custodian at Carrollton Exempted Village Schools, has taken his grievances to the court system. On January 17, 2025, Sheldon filed a complaint in the Carroll County Court of Common Pleas against the Ohio Association of Public School Employees (OAPSE) and the State Employment Relations Board (SERB), challenging the continued deduction of union dues from his paycheck despite his resignation from the union in December 2023.

The case revolves around Sheldon’s contention that he should not be forced to continue paying union dues after withdrawing his membership. The union’s contract specifies an annual window in August during which members can rescind their authorization for dues deductions. Sheldon did not utilize this window, leading to a dispute over whether his withdrawal was valid. He argues that under Janus v. American Federation of State, County, & Municipal Employees, Council 31—a landmark Supreme Court decision—he cannot be compelled to pay dues without consent.

Sheldon’s complaint included six counts seeking declaratory judgment and injunctive relief on several grounds: mutual repudiation and mistake regarding the agreement with OAPSE, unenforceable penalty due to continued deductions, unjust enrichment by the union, and whether SERB had jurisdiction over these claims. The trial court dismissed Sheldon’s complaint citing lack of jurisdiction as it determined that such matters fall under SERB’s exclusive purview according to R.C. Chapter 4117. This dismissal was based on precedents like Darling v. American Federation of State, County & Municipal Employees which confirmed SERB’s authority over similar disputes.

Sheldon appealed this decision but faced an uphill battle as previous cases have consistently held that issues involving unfair labor practices must be resolved by SERB. His reliance on Janus was deemed unpersuasive since Janus dealt with non-consenting employees being forced to pay fees—whereas Sheldon had initially agreed to join OAPSE and authorized deductions under specific terms.

Ultimately, Sheldon’s appeal was denied with judges Cheryl L. Waite, Carol Ann Robb, and Katelyn Dickey affirming the lower court’s ruling. The court reiterated that Sheldon’s claims fell squarely within SERB’s jurisdiction due to their nature as alleged unfair labor practices under R.C. 4117.11.

Representing Sheldon were attorneys Jay R. Carson, David C. Tryon, and J. Simon Peter Mizner from The Buckeye Institute while OAPSE was defended by Thomas C. Drabick Jr., Jacob Karabell, Derrick C. Rice from Bredhoff & Kaiser PLC along with Ohio Attorney General Dave Yost and Lori J. Friedman for SERB.