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Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039
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IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO
SOUTHWEST OHIO REGIONAL
TRANSIT AUTHORITY,
Appellant/ Employer
Case No.12-CV-000039
vs.
AMALGAMATED TRANSIT UNION,
LOCAL 627,
APPELLEE, ATU LOCAL 627’s
MOTION TO DISMISS AND
MEMORANDUM IN SUPPORT
Appellee/Employee Organization
and
STATE EMPLOYMENT RELATIONS
BOARD
65 east State Street, 12" Floor
Columbus, OH 43215
eS ee
Appellee
Counsel of Record:
Jason Mettley, Esquire
OH. LD. # 000086150
Jubelirer, Pass & Intrieri, P.-C.
Firm #141
219 Fort Pitt Boulevard
Pittsburgh, Pennsylvania 15222
Ph: 412-281-3850Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039
0A238 - U35
IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO
SOUTHWEST OHIO REGIONAL
TRANSIT AUTHORITY,
Appellant/ Employer
Case No.12-CV-000039
vs.
AMALGAMATED TRANSIT UNION,
LOCAL 627,
Appellee/Employee Organization
and
STATE EMPLOYMENT RELATIONS
BOARD
65 east State Street, 12" Floor
Columbus, OH 43215
ee Se
Appellee
APPELLEE, ATU 627’S MOTION TO DISMISS
NOW comes, Appellee, Amalgamated Transit Union, Local 627 ("Local 627"), by and
through its attorneys, Jubelirer, Pass & Intrieri, P.C.. and Jason Mettley, Esquire, and hereby
moves this Court to Dismiss Appellant’s Administrative Appeal pursuant to Ohio Rules of CivilFranklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039
0A238 - U36
Procedure 12(b)(1) and Revised Code O.R.C. 4117.06(A) for lack of subject matter jurisdiction,
and in support thereof offers the attached Memorandum of Law.
Respectfully submitted,
JUBELIRER, PASS & INTRIERI, P.C.
BY.
Jason Mettley, Esquire
OH. I.D. # 000086150
Jubelirer, Pass & Intrieri, P.C.
Firm #141
219 Fort Pitt Boulevard
Pittsburgh, Pennsylvania 15222
Ph: 412-281-3850Franklin County Ohio Clerk
0A238 - U37
of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039
CERTIFICATE OF SERVICE
I, Jason Mettley, Esquire, hereby certify that a tue and correct copy of the foregoing
Motion to Dismiss, was filed electronically with the Court of Common Pleas of Franklin
County, Ohio this 14th day of February 2012, which will cause an electronic copy to be sent to
counsel of record as follows::
DATED: February 14, 2012
Trevor Gillette, Esquire
Dinsmore & Shohl
1900 Chemed Center
255 East Fifth Street
Cincinnati, OH 45202
trevor. gillette @dinsmore com
Attorneys for Appellant
Southwest Ohio Regional Transit Authority
Jennifer Cleary, Esquire
Assistant Attorney General
Labor Relations Section
30 East Broad Street, 16" Floor
Columbus, OH 43215
jennifer.cleary @ohioationneygeneral. gov
Attorneys for Appellee
Ohio State Employment Relations Board
Jason Mettley, EsquireFranklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039
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IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO
SOUTHWEST OHIO REGIONAL,
TRANSIT AUTHORITY,
Appellant/ Employer
Case No.12-CV-000039
vs.
AMALGAMATED TRANSIT UNION,
LOCAL 627,
Appellee/Employee Organization
and
STATE EMPLOYMENT RELATIONS
BOARD
65 east State Street, 12" Floor
Columbus, OH 43215
eee
Appellee
ORDER
AND NOW this day of 2012, upon consideration of
Appellee, ATU, Local 627’s Motion to Dismiss and accompanying Memorandum of Law, it is
hereby ORDERED that said Motion be and the same is hereby GRANTED.
IT IS SO ORDERED
BY THE COURT:
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039 0A238 - U34 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO SOUTHWEST OHIO REGIONAL TRANSIT AUTHORITY, Appellant/ Employer Case No.12-CV-000039 vs. AMALGAMATED TRANSIT UNION, LOCAL 627, APPELLEE, ATU LOCAL 627’s MOTION TO DISMISS AND MEMORANDUM IN SUPPORT Appellee/Employee Organization and STATE EMPLOYMENT RELATIONS BOARD 65 east State Street, 12" Floor Columbus, OH 43215 eS ee Appellee Counsel of Record: Jason Mettley, Esquire OH. LD. # 000086150 Jubelirer, Pass & Intrieri, P.-C. Firm #141 219 Fort Pitt Boulevard Pittsburgh, Pennsylvania 15222 Ph: 412-281-3850Franklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039 0A238 - U35 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO SOUTHWEST OHIO REGIONAL TRANSIT AUTHORITY, Appellant/ Employer Case No.12-CV-000039 vs. AMALGAMATED TRANSIT UNION, LOCAL 627, Appellee/Employee Organization and STATE EMPLOYMENT RELATIONS BOARD 65 east State Street, 12" Floor Columbus, OH 43215 ee Se Appellee APPELLEE, ATU 627’S MOTION TO DISMISS NOW comes, Appellee, Amalgamated Transit Union, Local 627 ("Local 627"), by and through its attorneys, Jubelirer, Pass & Intrieri, P.C.. and Jason Mettley, Esquire, and hereby moves this Court to Dismiss Appellant’s Administrative Appeal pursuant to Ohio Rules of CivilFranklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039 0A238 - U36 Procedure 12(b)(1) and Revised Code O.R.C. 4117.06(A) for lack of subject matter jurisdiction, and in support thereof offers the attached Memorandum of Law. Respectfully submitted, JUBELIRER, PASS & INTRIERI, P.C. BY. Jason Mettley, Esquire OH. I.D. # 000086150 Jubelirer, Pass & Intrieri, P.C. Firm #141 219 Fort Pitt Boulevard Pittsburgh, Pennsylvania 15222 Ph: 412-281-3850Franklin County Ohio Clerk 0A238 - U37 of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039 CERTIFICATE OF SERVICE I, Jason Mettley, Esquire, hereby certify that a tue and correct copy of the foregoing Motion to Dismiss, was filed electronically with the Court of Common Pleas of Franklin County, Ohio this 14th day of February 2012, which will cause an electronic copy to be sent to counsel of record as follows:: DATED: February 14, 2012 Trevor Gillette, Esquire Dinsmore & Shohl 1900 Chemed Center 255 East Fifth Street Cincinnati, OH 45202 trevor. gillette @dinsmore com Attorneys for Appellant Southwest Ohio Regional Transit Authority Jennifer Cleary, Esquire Assistant Attorney General Labor Relations Section 30 East Broad Street, 16" Floor Columbus, OH 43215 jennifer.cleary @ohioationneygeneral. gov Attorneys for Appellee Ohio State Employment Relations Board Jason Mettley, EsquireFranklin County Ohio Clerk of Courts of the Common Pleas- 2012 Feb 16 2:53 PM-12CV000039 0A238 - U38 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO SOUTHWEST OHIO REGIONAL, TRANSIT AUTHORITY, Appellant/ Employer Case No.12-CV-000039 vs. AMALGAMATED TRANSIT UNION, LOCAL 627, Appellee/Employee Organization and STATE EMPLOYMENT RELATIONS BOARD 65 east State Street, 12" Floor Columbus, OH 43215 eee Appellee ORDER AND NOW this day of 2012, upon consideration of Appellee, ATU, Local 627’s Motion to Dismiss and accompanying Memorandum of Law, it is hereby ORDERED that said Motion be and the same is hereby GRANTED. IT IS SO ORDERED BY THE COURT: