By: Patrick Madigan, Trustee 

On occasion, a Civil Service Employee Association Member, who is also in a union, will inquire with the Association’s Office on the value of holding joint membership. Three important benefits come to mind.

Firstly, the CSEA can be a useful resource for those who have questions on the Civil Service Rules or for those who seek to navigate the pre-disciplinary process. Remember, it starts with Knowledge. There is Power in Information. Just Call the CSEA Office.

Secondly, the Association has represented union members at pre-disc hearings when permitted to under collective bargaining agreement. Some smaller unions do permit their members to choose their source of legal representation while other, larger unions, claim an exclusive jurisdiction to represent their members. The legal legitimacy of this claim remains questionable – especially in light of the U.S. Supreme Court’s recent decision in the Janus case.

Thirdly, and of critical importance, has been the case law which the CSEA has helped to create. For example, in one court case, a City of Cleveland employee had been terminated for a “lack of work” - despite the fact that their duties had been split up and assigned to co-workers. Also, the grieved employee was allowed only 15 minutes to challenge the termination in front of the Civil Service Commission. After being successfully argued in the 8th District Court of Appeals, the Court ruled that there was no “lack of work” because the various duties of the job continued to be performed, albeit by co-workers. Furthermore, the Court ruled that a termination hearing of only 15 minutes was a denial of the employee’s

Due Process rights. The end result was that the employee was re-instated to their job while also being awarded back wages and benefits, attorney fees, and court costs. This court decision has been cited many times by public employees who have found themselves in similar situations.

In another case initiated by the CSEA, a City employee was terminated for what the Court of Appeals determined was a punishment which was disproportionate to the charge. The Court also felt that the City failed to follow all of the steps of Due Process. The Court then proceeded to award the employee not only back wages, attorney fees, and court costs, but pension and other provable benefits lost during time of wrongful termination.

Court decisions, such as these, don’t just affect the plaintiff employee. They can affect all classified public employees in Cuyahoga County by establishing a foundation of good case law. But what if the Civil Service Employees’ Association did not exist or what if no one had initiated litigation in these and in other cases? Surely, any City of Cleveland or Cuyahoga County classified employee could find themselves vulnerable to a similar, unjust termination.

While litigation can be protracted and expensive, the individual and the collective action of employees, through the CSEA, has achieved and can continue to achieve this frequently unseen benefit – one which protects us all.