IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION AT COLUMBUS

Jade Thompson, :

:

Plaintiff, :

: Case No. 2:18-cv-628

v. :

: JUDGE MICHAEL H. WATSON

Marietta Education Association, et al., :

: Magistrate Judge Chelsey M. Vascura

Defendants. :

MEMORANDUM OF MARIETTA CITY SCHOOL DISTRICT 

BOARD OF EDUCATION IN RESPONSE TO PLAINTIFF’S 

MOTION FOR A PRELIMINARY INJUNCTION

Now comes Defendant Marietta City School District Board of Education (the “Board”), 

in response to the Motion for a Preliminary Injunction of Plaintiff Jade Thompson (“Plaintiff”), 

filed July 23, 2018 (Doc 15). In response, the Board takes no position as to whether Plaintiff’s 

First Amendment rights are being violated or whether the Board should be enjoined from 

recognizing the Marietta Education Association (the “Union”) as the exclusive representative. 

The Board will respectfully honor the decision of the Court in this regard.

With that said, the Board is currently required to recognize the Union as the deemedcertified, exclusive representative of the teachers employed by the Board pursuant to O.R.C. 

Sections 4117.04 and 4117.05. Contrary to Plaintiff’s assertion in its Memorandum of Points 

and Authorities In Support of Motion for a Preliminary Injunction (Doc 15-1), the Board has 

not “appointed” the Union as the exclusive representative. Ohio Revised Code section 4117.04 

indicates that “[p]ublic employers shall extend to an exclusive representative designated under 

Section 4117.05 of the Revised Code, the right to represent exclusively the employees in the 

Case: 2:18-cv-00628-MHW-CMV Doc #: 27 Filed: 08/29/18 Page: 1 of 3 PAGEID #: 272
2

appropriate bargaining unit and the right to unchallenged and exclusive representation***.” 

O.R.C. 4117.04(A), emphasis added. In addition, Ohio law requires that “[a] public employer 

shall bargain collectively with an exclusive representative designated under Section 4117.05 of 

the Revised Code ***.” O.R.C. 4117.04(B), emphasis added. Ohio Revised Code Section 

4117.05 sets forth the procedures for an employee organization to become the exclusive 

representative, and states:

An employee organization becomes the exclusive representative of all the public 

employees in an appropriate unit for the purposes of collective bargaining***.

There is no dispute that the Union is currently the exclusive representative of teachers 

employed by the Board, under Ohio law. However, the Board’s recognition of the Union is 

mandatory under state law, not discretionary; and the Board does not appoint the 

representative. 

 

Respectfully submitted,

/s/ Nicole M. Donovsky

Diana S. Brown (0067151), Trial Attorney

Nicole M. Donovsky (0072262)

BRICKER & ECKLER LLP

100 S. 3rd Street

Columbus, Ohio 43215

Telephone: 614-227-2300

Facsimile: 614-227-2390

Email: dbrown@bricker.com

Email: ndonovsky@bricker.com

Attorneys for Defendant Marietta City 

School District Board of Education

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3

13146419v1

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 29th day of August 2018, the foregoing 

Memorandum in Response was served upon the following via the Court’s electronic filing 

system and electronic transmission to:

Patrick T. Lewis, Esq.

BAKER & HOSTETLER LLP

Key Tower

127 Public Square, Suite 2000

Cleveland, OH 44114

Andrew M. Grossman, Esq.

Mark W. DeLaquil, Esq.

Richard B. Raile, Esq.

BAKER & HOSTETLER LLP 

1050 Connecticut Ave., N.W. 

Washington, DC 20036

Robert D. Alt, Esq.

Daniel J. Dew, Esq.

THE BUCKEYE INSTITUTE

88 East Broad Street, Suite 1120

Columbus, OH 43215

Eben O. McNair, IV, Esq. 

Timothy Gallagher, Esq.

SCHWARZWALD MCNAIR & FUSCO LLP

1215 Superior Ave., Suite 225 

Cleveland, OH 44114-3257 

Patrick Casey Pitts

Scott Alan Kronland

ALTSHULER BERZON LLP

117 Post Street, Suite 300

San Francisco, CA 94108

Phillip Hostak

NATIONAL EDUCATION ASSOCIATION

1201 16TH St., NW

Washington, DC 20036

/s/ Nicole M. Donovsky

Nicole M. Donovsky (0072262)

BRICKER & ECKLER LLP

Case: 2:18-cv-00628-MHW-CMV Doc #: 27 Filed: 08/29/18 Page: 3 of 3 PAGEID #: 274