Industries & Practices
Education (Pre-K to 12)
Exclusive representation law challenge rejected by Sixth Circuit
Successfully defended the Marietta City School District Board of Education in a lawsuit brought by a public school teacher who attempted to expand the reach of the U.S. Supreme Court’s ruling in Janus v. AFSCME and argued that Ohio’s exclusive union representation violates the First Amendment. The Sixth Circuit rejected this challenge and granted a summary judgment to both the union and school district.
Secured a $42 million court award for three Ohio school districts
Secured $42 million judgment, plus interest, for Cleveland, Dayton and Toledo city school districts after the Ohio Department of Education unlawfully deprived the districts of the funding they were entitled to receive. For more details, please view Bricker’s full recap of the case.
COVID-19 management counseling
Helped clients understand their legal obligations under new labor and employment laws passed in response to the COVID-19 pandemic. Drafted work-from-home, leave, and reopening policies; advised on mass layoff obligations, terminations, furloughs, unemployment issues, and alternative work arrangements; and recommended best practices for essential workers, safe reopening, employee testing and health assessments, employee travel, and face covering requirements.
Sexual harassment investigation
Advised a private school regarding the investigation and termination of a semi-retired teacher after the school discovered harassment complaints occurring at a different school. Assisted school leadership with cooperating with local police, terminating the teacher and managing potential public relations backlash.
Defense of public sector employers in unreported labor arbitration hearings
Successfully defended public sector employers across Ohio in numerous unreported labor arbitration hearings.
Regularly counsel public schools and private employers on ACA compliance issues.
Reduction of school district's liability
Worked with the Ohio Attorney General's Office to reduce a school district's liability for a common pleas court settlement to zero dollars. The school district paid nothing to have the case dismissed with prejudice and did not suffer any effect to its premiums as a result.
Title IX investigator training
Served as the sole presenter at training workshops for Title IX investigators at the college and K-12 levels, helping administrators to become trauma-informed and approach cases involving sexual assault and intimate partner violence in an appropriate and equitable manner.
Security of school bonds
Assisted an Ohio school district in the issuance of bonds in which the perceived security for the bonds was threatened by the financial woes of the county’s largest employer and taxpayer. Interdisciplinary approach provided timely and critical information to the bond rating agency and investors regarding how oil and gas leases and mineral rights are valued for property tax purposes and the potential impact of a bankruptcy filing on the payment of property taxes for the bonds.
Design-build renovation project
Prepared request for qualifications, request for proposals and contract documents for a K-12 school district's design-build project.
Waiver of competitive bidding
Prepared resolutions and contract documents for projects deemed to be of urgent necessity, including air quality improvement, elevator repair, HVAC, and fire alarm projects for libraries and K-12 school districts.
Misapplied school foundation funding
Obtained a favorable decision in a $40 million lawsuit filed on behalf of three large metropolitan school districts against the Ohio Department of Education claiming that ODE misapplied the statutory school foundation funding formula to the detriment of the school districts.