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" IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
2008 FEB 25 AN 10: 25 CIVIL DIVISION
CASE NO. 08-1743
CAPTAIN JOHN C. POST LODGE NO. :
44, et al.
: JUDGE GREGORY F, SINGER
Plaintiffs, :
vs. :
: AMENDED COMPLAINT FOR
CITY OF DAYTON, OHIO : TEMPORARY RESTRAINING ORDER,
: PRELIMINARY AND PERMANENT
Defendants. INJUNCTION
This action is brought by the Fraternal Order of Police, Captain John C. Post Lodge No. 44
(hereafter “FOP Lodge No. 44”), on behalf of its entire membership in the employment of the City
of Dayton Police Department, and by the International Association of Firefighters, Local 136
(hereafter “IAFF Local 136”), on behalf of its entire membership in the employment of the City of
Dayton Fire Department, seeking a Temporary Restraining Order, and a Preliminary and Permanent
Injunction prohibiting the City of Dayton (hereafter “the City”) and the City Manager from entering
into an agreement for the provision of emergency dispatch services in a Consolidated Emergency
Communications Center (hereafter “Agreement”) to be operated by the Montgomery County
Sheriff, thereby, eliminating the Police Communication Bureau and the Fire Dispatch operated by
the City of Dayton. Specifically, this action seeks to enjoin the City from entering into this
Agreement and thereby preserving the status quo ante until the parties can either bargain concerning
the Agreement for the provision of emergency dispatch services or the dispute is resolved pursuant
to the grievance and arbitration procedure contained in the parties’ collective bargaining
agreements.PARTIES
1. Plaintiff, FOP Lodge No. 44, is an employee organization within the meaning of
Ohio Revised Code Section 4117.01 and is the exclusive bargaining representative of all swom
police officers employed in the classified service by the City of Dayton who are below the rank of
sergeant, and for all sworn police officers employed in the classified service by the City of Dayton
who are above the rank of police officer. (Beane Aff. 12) The affidavit of FOP Lodge No. 44
President Lieutenant Randy Beane is attached to the original Complaint as Exhibit 1 and will be
referred as to as “Beane Aff. §__”. The attachments to the Beane Affidavit will be referred to as
“Beane Aff. Exh.__”.
2. Plaintiff, [AFF Local 136, is an employee organization within the meaning of Ohio
Revised Code Section 4117.01 and is the exclusive bargaining representative of all employees in the
following classifications: Firefighter, Paramedic, Fire Lieutenant, Fire Captain, Fire District Chief,
Senior Paramedic, Fire Prevention Specialist 1, Fire Prevention Specialist 2, the Fire Protection
Engineer and the Professional Firefighter. (Fasnacht Aff. 12) The affidavit of LAFF Local 136
President Licutenant Mike Fasnacht is attached to the original Complaint as Exhibit 2 and will be
referred to as “Fasnacht Aff. {__”. The attachments to the Fasnacht Affidavit will be referred to as
“Fasnacht Aff. Exh. _”,
3. The City Commission is an entity established pursuant to the Charter of the City of
Dayton, Section 3 et seq., and its five (5) members, one (1) of whom is the Mayor of the City of
Dayton, are elected by the citizens of the City of Dayton.
FACTUAL ALLEGATIONS
4, Plaintiff, FOP Lodge No. 44, and the City of Dayton are signatories to a collective
bargaining agreement for sworn police officers with an effective date of May 18, 2007 through May
17, 2010, and to a collective bargaining agreement for sworn sergeants and lieutenants (hereafter
“supervisors”) with an effective date of May 18, 2007 through May 17, 2010. (Beane Aff. 93;
Beane Aff. Exhs. A and B)5. Article 2 in both the officers’ and the supervisors’ collective bargaining agreements
contains a provision whereby the City recognizes FOP Lodge No. 44 as the exclusive bargaining
agent for all sworn police officers and provides:
The following shall be considered as subjects to be negotiated by Management with
the Lodge for all bargaining unit employees.
A. Wages
B. Hours
Cc Terms and Conditions of Employment
(Beane Aff. 14; Beane Aff. Exhs. A at p. 4 and Bat p. 4)
6. Article 5, Lodge Business at Section 6 in both the officers’ and supervisors’
collective bargaining agreements provides that in the interest of sound employee relations, a joint
committee of labor and management will convene for the purpose of discussing subjects of mutual
concern. (Beane Aff. 15; Beane Aff. Exhs. A at p. 11 and B at p. 11)
7. Article 5, Lodge Business at Section 10 in both the officers’ and supervisors’
collective bargaining agreements provides that Management will notify the Lodge, in writing, seven
(7) days in advance of an action of its intention to. reorganize the Police Department, or to
substantially modify the functions of any bargaining unit position, and considers that the creation,
abolishment, or movement of Bureaus and/or Units from one division to another shall constitute a
reorganization. (Beane Aff. 16; Beane Aff. Exhs. A at p. 12-13 and B at p. 13)
8. Article 10, Special Leave at Section 3 in both the officers’ and supervisors’
collective bargaining agreements provides for restricted duty for an employee who is absent from
duty due to an illness or injury of a temporary nature which prevents him/her from performing
his/her normal police duties. Such an employee may be returned to work to perform restricted
duties, which duties are frequently in the Communications Bureau. (Beane Aff. 17; Beane Aff. Exh.
Aat p. 28 and Exh. B at p. 29)9. Plaintiff, LAFF Local 136 and the City of Dayton are signatories to a collective
bargaining with an effective date of November 1, 2007 through October 31, 2010. (Fasnacht Aff.
13; Fasnacht Aff. Exh. A)
10. Article 3 of the collective bargaining agreement between the City of Dayton and
IAFF Local 136 contains a provision whereby the City recognizes IAFF Local 136 as the exclusive
bargaining agent for all bargaining unit employees employed by the Dayton Fire Department and
provides:
The Union has sole and exclusive bargaining rights under this agreement on the
following subjects: A. Wages; B. Hours; C. Fringe Benefits; D. Terms and
Conditions of Employment.
(Fasnacht Aff. 14; Fasnacht Aff. Exh. A at p. 3)
11. Article 20 of the collective bargaining agreement between the City and IAFF Local
136 provides:
The Union will be notified of any change in organizational policy, written work
rules, General Orders, Chief Officer Only Special Orders, and SOPs, prior to their
implementation. This is to assure that Labor has every opportunity to discuss these
changes with Management in a meeting of the Labor-Management Committee
convened at the request of either party.
(Fasnacht Aff. 16, Fasnacht Aff. Exh. A at p. 39)
12. Sometime prior to January 15, 2008, FOP Lodge No. 44 President Lieutenant Beane
and IAFF President Lieutenant Fasnacht learned that the City of Dayton was considering entering
jnto an agreement with the Board of County Commissioners of Montgomery County (hereafter
“Montgomery County”) for the provision of emergency dispatch services. Neither Lieutenant
Beane nor Lieutenant Fasnacht received this information from any Management representatives of
the City. (Beane Aff. 18; Fasnacht Aff. 17)
13. Currently the Dayton Police Department’s emergency dispatch services as well as
other communications functions are performed by the Dayton Police Department’s
Communications Bureau which consists of nine (9) Police Officers, six (6) Sergeants and one (1)Lieutenant as well as one (1) Sergeant who has the position of 911 Coordinator/Keeper of the
Records. (Beane Aff. 113)
14. The bargaining unit employees in the Communication’s Bureau utilize the City’s
Computer Aided Dispatch (CAD) which interfaces with many other information systems in the
Police Department including Police Management Information Systems (MIS), Law Enforcement
Automated Data Systems (LEADS), the National Crime Information Center (NCIC) and the
Motorola System Information System. (Beane Aff. 117)
15. Currently, the Dayton Fire Department’s emergency dispatch service is performed
by the Fire Department’s Dispatch which consists of 1 Captain and 4 Lieutenants. (Fasnacht Aff.
113)
16. | The CAD interfaces with other systems specific and unique to the Fire Department.
(Fasnacht Aff. 115)
17. The Tiburon system utilized by Montgomery County is not capable of
communicating or interfacing with the current CAD utilized by the Dayton Police Department and
Fire Department. (Beane Aff. 915)
18. On January 15, 2008, Lieutenant Beane requested the City Manager, on behalf of the
Police and Fire Unions, to refrain from entering into an Agreement regarding the provision of
emergency dispatch services until the City had further discussions with both Unions and reached an
agreement resolving the concerns the bargaining unit employees had with the Tiburon system,
which was the name of the software vendor utilized by Montgomery County in its communications
center. (Beane Aff. 19)
19. The City Manager indicated he would consider Lieutenant Beane’s request to delay
entering into the Agreement until the City and the two (2) Unions could have further discussions
and reach agreement. (Beane Aff. 110)
20. On February 15, 2008, City Manager Rashad Young called Lieutenants Beane and
Fasnacht to notify them of the City’s intent to enter into the Agreement to provide emergencydispatch services to be operated by the Montgomery County Sheriff. (Beane Aff. 111; Fasnacht
Aff, 110)
21. The City Manager advised that the Agreement would be voted on at the regularly
scheduled City Commission meeting on Wednesday, February 20, 2008 at 6:00 p.m. (Beane Aff.
112)
COUNT I - Violations of the Parties’ Collective Bargaining Agreements
22, — The City’s failure to bargain with FOP Lodge No. 44 concerning entering into the
Agreement and the elimination of the Police Department’s Communications Bureau which affects
the terms and conditions of employment for seventeen (17) bargaining unit employecs, and affects
the safety of all bargaining unit employees, violates Article 2, Sections 1 and 2 of both collective
bargaining agreements between FOP Lodge No. 44 and the City of Dayton. (Beane Aff. 119)
23. The City’s failure to notify FOP Lodge No. 44 of its intent to reorganize the Police
Department by abolishing the Communications Bureau violates Article 5, Section 10 of both
collective bargaining agreements between FOP Lodge No. 4 and the City of Dayton. (Beane Aff.
120)
24. The City’s failure to discuss the elimination of the Communications Bureau with
FOP Lodge No. 44 in a labor — management setting violates Article 5, Section 6 of both collective
bargaining agreements. (Beane Aff. 121)
25. On or about February 20, 2008, FOP Lodge No. 44 filed a grievance pursuant to
Article 12 of the collective bargaining agreements which provides:
A grievance is a complaint that Management violated this Agreement, but does not
include any complaint subject to appeal to the Civil Service Board.
(Beane Aff. 122; Beane Aff. Exhs. A at p. 38 and B at p. 39)
26. The City’s failure to bargain with IAFF Local 136 concerning entering into the
Agreement and the elimination of the Fire Department’s Dispatch which affects the terms and
conditions of employment for 5 bargaining unit employees and affects the safety of all bargainingunit employees violates Article 3 of the parties’ collective bargaining agreement. (Fasnacht Aff.
917)
27. The City’s failure to notify IAFF Local 136 of its intent to reorganize the Dayton
Fire Department by abolishing Dispatch violates Article 20 of the parties’ collective bargaining
agreement. (Fasnacht Aff. 118)
28. The City’s failure to discuss the elimination of Dispatch with IAFF Local 136 in the
Labor — Management setting violates Article 20 of the parties’ collective bargaining agreement.
(Fasnacht Aff. 119)
29. On or about February 21, 2008, IAFF Local 136 filed a grievance pursuant to Article
20 of the collective bargaining agreement which provides:
A grievance is a written complaint that Management has violated this Agreement
and shall include a complaint of any detail, any assignment or any reprimand which
is believed to be unjust or capricious.
(Fasnacht Aff. 920)
30. With regard to the City’s violation of the collective bargaining agreements, FOP
Lodge No. 44 and IAFF Local 136 assert a valid claim to submit to arbitration that is sufficiently
sound that arbitration will not be a futile endeavor.
31. Plaintiffs have no plain, adequate or complete remedy in the ordinary course of the
law to redress violates of these rights as alleged in this Complaint, and this action for a Preliminary
and Permanent Injunction is their only means of securing adequate relief.
32. Unless the City is enjoined from entering into the Agreement concerning the
provision of emergency dispatch services, FOP Lodge No. 44 and IAFF Local 136 will suffer
irreparable harm.
33. The potential harm to FOP Lodge No. 44 and LAFF Local 136 and the community
significantly outweigh any potential harm to the City from the injunctive relief requested.
34. The public interest will be served by preserving the status quo ante until the parties
can be heard in arbitration.j
COUNT II - Violations of Ohio Revised Code Section 4117
35. | Ohio Revised Code Section 4117.04(B) provides that: “A public employer shall
bargaining collectively with an exclusive representative designated under Section 4117.05 of the
Revised Code for purposes of Chapter 4117 of the Revised Code.”
36. Ohio Revised Code Section 4117.10(A) provides: “An Agreement between a public
employer and an exclusive representative entered into pursuant to this Chapter governs the wages,
hours, and terms and conditions of public employment covered by the agreement.”
37. On or about February 20, 2008, FOP Lodge No. 44 filed an unfair labor practice
charge pursuant to O.R.C. 4117.11(A)(1) and (5) with the State Employment Relations Board
regarding the City’s refusal to bargain. (Beane Aff. 423)
38. On or about February 20, 2008, IAFF Local 136 filed an unfair labor
practice charge pursuant to O.R.C. 4117.11(A)(1) and (5) with the State Employment Relations
Board regarding the City’s refusal to bargain. (Fasnacht Aff. 421)
39. With regard to the unfair labor practice charges, FOP Lodge No. 44 and IAFF Local
136 are likely to prevail on the merits of their charges.
40. Unless the City is enjoined from entering into the agreement concerning the
provision of emergency dispatch services, FOP Lodge No. 44 and IAFF Local 136 will suffer
irreparable harm.
41. The potential harm to FOP Lodge No. 44 and IAFF Local 136 and the community
significantly outweigh any potential harm to the City from the injunctive relief requested.
42, The public interest will be served by preserving the status quo ante until the parties
can be heard in arbitration.
WHEREFORE, Plaintiffs, FOP Lodge No. 44 and IAFF Local 136 request against the
Defendants the following relief:
A. A Temporary Restraining Order prohibiting the City from unilaterally entering into
the Agreement until the dispute over the obligation to bargain and reach agreement
is resolved.B. After conducting an appropriate hearing, granting Plaintiff a Preliminary and
Permanent Injunction enjoining the Defendants from entering into the Agreement
until the dispute over the obligation to bargain and reach agreement is resolved
through the arbitration process and the State Employment Relations Board.
Cc. For such additional and further relief deemed appropriate by this Court.
Respectfully submitted,
DOLL, JANSEN & FORD
LO
Susan D. Jansen 40039995
111 West First Strect, Suite 1100
Dayton, Ohio 45402-1156
(937) 461-5310 — Telephone
(937) 461-7219 — Facsimile
sjansen@djflawfirm.com
Attorney for the Plaintiffs
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Plaintiffs’ Amended Complaint for Temporary
Restraining Order, Preliminary and Permanent Injunction was duly served upon the John Danish,
Counsel for Defendants, City of Dayton, Ohio, 101 West Third Street, Dayton, Ohio 45402, by
hand delivery this 25th day of February, 2008.
A Qa
Preview
(elem " IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO 2008 FEB 25 AN 10: 25 CIVIL DIVISION CASE NO. 08-1743 CAPTAIN JOHN C. POST LODGE NO. : 44, et al. : JUDGE GREGORY F, SINGER Plaintiffs, : vs. : : AMENDED COMPLAINT FOR CITY OF DAYTON, OHIO : TEMPORARY RESTRAINING ORDER, : PRELIMINARY AND PERMANENT Defendants. INJUNCTION This action is brought by the Fraternal Order of Police, Captain John C. Post Lodge No. 44 (hereafter “FOP Lodge No. 44”), on behalf of its entire membership in the employment of the City of Dayton Police Department, and by the International Association of Firefighters, Local 136 (hereafter “IAFF Local 136”), on behalf of its entire membership in the employment of the City of Dayton Fire Department, seeking a Temporary Restraining Order, and a Preliminary and Permanent Injunction prohibiting the City of Dayton (hereafter “the City”) and the City Manager from entering into an agreement for the provision of emergency dispatch services in a Consolidated Emergency Communications Center (hereafter “Agreement”) to be operated by the Montgomery County Sheriff, thereby, eliminating the Police Communication Bureau and the Fire Dispatch operated by the City of Dayton. Specifically, this action seeks to enjoin the City from entering into this Agreement and thereby preserving the status quo ante until the parties can either bargain concerning the Agreement for the provision of emergency dispatch services or the dispute is resolved pursuant to the grievance and arbitration procedure contained in the parties’ collective bargaining agreements.PARTIES 1. Plaintiff, FOP Lodge No. 44, is an employee organization within the meaning of Ohio Revised Code Section 4117.01 and is the exclusive bargaining representative of all swom police officers employed in the classified service by the City of Dayton who are below the rank of sergeant, and for all sworn police officers employed in the classified service by the City of Dayton who are above the rank of police officer. (Beane Aff. 12) The affidavit of FOP Lodge No. 44 President Lieutenant Randy Beane is attached to the original Complaint as Exhibit 1 and will be referred as to as “Beane Aff. §__”. The attachments to the Beane Affidavit will be referred to as “Beane Aff. Exh.__”. 2. Plaintiff, [AFF Local 136, is an employee organization within the meaning of Ohio Revised Code Section 4117.01 and is the exclusive bargaining representative of all employees in the following classifications: Firefighter, Paramedic, Fire Lieutenant, Fire Captain, Fire District Chief, Senior Paramedic, Fire Prevention Specialist 1, Fire Prevention Specialist 2, the Fire Protection Engineer and the Professional Firefighter. (Fasnacht Aff. 12) The affidavit of LAFF Local 136 President Licutenant Mike Fasnacht is attached to the original Complaint as Exhibit 2 and will be referred to as “Fasnacht Aff. {__”. The attachments to the Fasnacht Affidavit will be referred to as “Fasnacht Aff. Exh. _”, 3. The City Commission is an entity established pursuant to the Charter of the City of Dayton, Section 3 et seq., and its five (5) members, one (1) of whom is the Mayor of the City of Dayton, are elected by the citizens of the City of Dayton. FACTUAL ALLEGATIONS 4, Plaintiff, FOP Lodge No. 44, and the City of Dayton are signatories to a collective bargaining agreement for sworn police officers with an effective date of May 18, 2007 through May 17, 2010, and to a collective bargaining agreement for sworn sergeants and lieutenants (hereafter “supervisors”) with an effective date of May 18, 2007 through May 17, 2010. (Beane Aff. 93; Beane Aff. Exhs. A and B)5. Article 2 in both the officers’ and the supervisors’ collective bargaining agreements contains a provision whereby the City recognizes FOP Lodge No. 44 as the exclusive bargaining agent for all sworn police officers and provides: The following shall be considered as subjects to be negotiated by Management with the Lodge for all bargaining unit employees. A. Wages B. Hours Cc Terms and Conditions of Employment (Beane Aff. 14; Beane Aff. Exhs. A at p. 4 and Bat p. 4) 6. Article 5, Lodge Business at Section 6 in both the officers’ and supervisors’ collective bargaining agreements provides that in the interest of sound employee relations, a joint committee of labor and management will convene for the purpose of discussing subjects of mutual concern. (Beane Aff. 15; Beane Aff. Exhs. A at p. 11 and B at p. 11) 7. Article 5, Lodge Business at Section 10 in both the officers’ and supervisors’ collective bargaining agreements provides that Management will notify the Lodge, in writing, seven (7) days in advance of an action of its intention to. reorganize the Police Department, or to substantially modify the functions of any bargaining unit position, and considers that the creation, abolishment, or movement of Bureaus and/or Units from one division to another shall constitute a reorganization. (Beane Aff. 16; Beane Aff. Exhs. A at p. 12-13 and B at p. 13) 8. Article 10, Special Leave at Section 3 in both the officers’ and supervisors’ collective bargaining agreements provides for restricted duty for an employee who is absent from duty due to an illness or injury of a temporary nature which prevents him/her from performing his/her normal police duties. Such an employee may be returned to work to perform restricted duties, which duties are frequently in the Communications Bureau. (Beane Aff. 17; Beane Aff. Exh. Aat p. 28 and Exh. B at p. 29)9. Plaintiff, LAFF Local 136 and the City of Dayton are signatories to a collective bargaining with an effective date of November 1, 2007 through October 31, 2010. (Fasnacht Aff. 13; Fasnacht Aff. Exh. A) 10. Article 3 of the collective bargaining agreement between the City of Dayton and IAFF Local 136 contains a provision whereby the City recognizes IAFF Local 136 as the exclusive bargaining agent for all bargaining unit employees employed by the Dayton Fire Department and provides: The Union has sole and exclusive bargaining rights under this agreement on the following subjects: A. Wages; B. Hours; C. Fringe Benefits; D. Terms and Conditions of Employment. (Fasnacht Aff. 14; Fasnacht Aff. Exh. A at p. 3) 11. Article 20 of the collective bargaining agreement between the City and IAFF Local 136 provides: The Union will be notified of any change in organizational policy, written work rules, General Orders, Chief Officer Only Special Orders, and SOPs, prior to their implementation. This is to assure that Labor has every opportunity to discuss these changes with Management in a meeting of the Labor-Management Committee convened at the request of either party. (Fasnacht Aff. 16, Fasnacht Aff. Exh. A at p. 39) 12. Sometime prior to January 15, 2008, FOP Lodge No. 44 President Lieutenant Beane and IAFF President Lieutenant Fasnacht learned that the City of Dayton was considering entering jnto an agreement with the Board of County Commissioners of Montgomery County (hereafter “Montgomery County”) for the provision of emergency dispatch services. Neither Lieutenant Beane nor Lieutenant Fasnacht received this information from any Management representatives of the City. (Beane Aff. 18; Fasnacht Aff. 17) 13. Currently the Dayton Police Department’s emergency dispatch services as well as other communications functions are performed by the Dayton Police Department’s Communications Bureau which consists of nine (9) Police Officers, six (6) Sergeants and one (1)Lieutenant as well as one (1) Sergeant who has the position of 911 Coordinator/Keeper of the Records. (Beane Aff. 113) 14. The bargaining unit employees in the Communication’s Bureau utilize the City’s Computer Aided Dispatch (CAD) which interfaces with many other information systems in the Police Department including Police Management Information Systems (MIS), Law Enforcement Automated Data Systems (LEADS), the National Crime Information Center (NCIC) and the Motorola System Information System. (Beane Aff. 117) 15. Currently, the Dayton Fire Department’s emergency dispatch service is performed by the Fire Department’s Dispatch which consists of 1 Captain and 4 Lieutenants. (Fasnacht Aff. 113) 16. | The CAD interfaces with other systems specific and unique to the Fire Department. (Fasnacht Aff. 115) 17. The Tiburon system utilized by Montgomery County is not capable of communicating or interfacing with the current CAD utilized by the Dayton Police Department and Fire Department. (Beane Aff. 915) 18. On January 15, 2008, Lieutenant Beane requested the City Manager, on behalf of the Police and Fire Unions, to refrain from entering into an Agreement regarding the provision of emergency dispatch services until the City had further discussions with both Unions and reached an agreement resolving the concerns the bargaining unit employees had with the Tiburon system, which was the name of the software vendor utilized by Montgomery County in its communications center. (Beane Aff. 19) 19. The City Manager indicated he would consider Lieutenant Beane’s request to delay entering into the Agreement until the City and the two (2) Unions could have further discussions and reach agreement. (Beane Aff. 110) 20. On February 15, 2008, City Manager Rashad Young called Lieutenants Beane and Fasnacht to notify them of the City’s intent to enter into the Agreement to provide emergencydispatch services to be operated by the Montgomery County Sheriff. (Beane Aff. 111; Fasnacht Aff, 110) 21. The City Manager advised that the Agreement would be voted on at the regularly scheduled City Commission meeting on Wednesday, February 20, 2008 at 6:00 p.m. (Beane Aff. 112) COUNT I - Violations of the Parties’ Collective Bargaining Agreements 22, — The City’s failure to bargain with FOP Lodge No. 44 concerning entering into the Agreement and the elimination of the Police Department’s Communications Bureau which affects the terms and conditions of employment for seventeen (17) bargaining unit employecs, and affects the safety of all bargaining unit employees, violates Article 2, Sections 1 and 2 of both collective bargaining agreements between FOP Lodge No. 44 and the City of Dayton. (Beane Aff. 119) 23. The City’s failure to notify FOP Lodge No. 44 of its intent to reorganize the Police Department by abolishing the Communications Bureau violates Article 5, Section 10 of both collective bargaining agreements between FOP Lodge No. 4 and the City of Dayton. (Beane Aff. 120) 24. The City’s failure to discuss the elimination of the Communications Bureau with FOP Lodge No. 44 in a labor — management setting violates Article 5, Section 6 of both collective bargaining agreements. (Beane Aff. 121) 25. On or about February 20, 2008, FOP Lodge No. 44 filed a grievance pursuant to Article 12 of the collective bargaining agreements which provides: A grievance is a complaint that Management violated this Agreement, but does not include any complaint subject to appeal to the Civil Service Board. (Beane Aff. 122; Beane Aff. Exhs. A at p. 38 and B at p. 39) 26. The City’s failure to bargain with IAFF Local 136 concerning entering into the Agreement and the elimination of the Fire Department’s Dispatch which affects the terms and conditions of employment for 5 bargaining unit employees and affects the safety of all bargainingunit employees violates Article 3 of the parties’ collective bargaining agreement. (Fasnacht Aff. 917) 27. The City’s failure to notify IAFF Local 136 of its intent to reorganize the Dayton Fire Department by abolishing Dispatch violates Article 20 of the parties’ collective bargaining agreement. (Fasnacht Aff. 118) 28. The City’s failure to discuss the elimination of Dispatch with IAFF Local 136 in the Labor — Management setting violates Article 20 of the parties’ collective bargaining agreement. (Fasnacht Aff. 119) 29. On or about February 21, 2008, IAFF Local 136 filed a grievance pursuant to Article 20 of the collective bargaining agreement which provides: A grievance is a written complaint that Management has violated this Agreement and shall include a complaint of any detail, any assignment or any reprimand which is believed to be unjust or capricious. (Fasnacht Aff. 920) 30. With regard to the City’s violation of the collective bargaining agreements, FOP Lodge No. 44 and IAFF Local 136 assert a valid claim to submit to arbitration that is sufficiently sound that arbitration will not be a futile endeavor. 31. Plaintiffs have no plain, adequate or complete remedy in the ordinary course of the law to redress violates of these rights as alleged in this Complaint, and this action for a Preliminary and Permanent Injunction is their only means of securing adequate relief. 32. Unless the City is enjoined from entering into the Agreement concerning the provision of emergency dispatch services, FOP Lodge No. 44 and IAFF Local 136 will suffer irreparable harm. 33. The potential harm to FOP Lodge No. 44 and LAFF Local 136 and the community significantly outweigh any potential harm to the City from the injunctive relief requested. 34. The public interest will be served by preserving the status quo ante until the parties can be heard in arbitration.j COUNT II - Violations of Ohio Revised Code Section 4117 35. | Ohio Revised Code Section 4117.04(B) provides that: “A public employer shall bargaining collectively with an exclusive representative designated under Section 4117.05 of the Revised Code for purposes of Chapter 4117 of the Revised Code.” 36. Ohio Revised Code Section 4117.10(A) provides: “An Agreement between a public employer and an exclusive representative entered into pursuant to this Chapter governs the wages, hours, and terms and conditions of public employment covered by the agreement.” 37. On or about February 20, 2008, FOP Lodge No. 44 filed an unfair labor practice charge pursuant to O.R.C. 4117.11(A)(1) and (5) with the State Employment Relations Board regarding the City’s refusal to bargain. (Beane Aff. 423) 38. On or about February 20, 2008, IAFF Local 136 filed an unfair labor practice charge pursuant to O.R.C. 4117.11(A)(1) and (5) with the State Employment Relations Board regarding the City’s refusal to bargain. (Fasnacht Aff. 421) 39. With regard to the unfair labor practice charges, FOP Lodge No. 44 and IAFF Local 136 are likely to prevail on the merits of their charges. 40. Unless the City is enjoined from entering into the agreement concerning the provision of emergency dispatch services, FOP Lodge No. 44 and IAFF Local 136 will suffer irreparable harm. 41. The potential harm to FOP Lodge No. 44 and IAFF Local 136 and the community significantly outweigh any potential harm to the City from the injunctive relief requested. 42, The public interest will be served by preserving the status quo ante until the parties can be heard in arbitration. WHEREFORE, Plaintiffs, FOP Lodge No. 44 and IAFF Local 136 request against the Defendants the following relief: A. A Temporary Restraining Order prohibiting the City from unilaterally entering into the Agreement until the dispute over the obligation to bargain and reach agreement is resolved.B. After conducting an appropriate hearing, granting Plaintiff a Preliminary and Permanent Injunction enjoining the Defendants from entering into the Agreement until the dispute over the obligation to bargain and reach agreement is resolved through the arbitration process and the State Employment Relations Board. Cc. For such additional and further relief deemed appropriate by this Court. Respectfully submitted, DOLL, JANSEN & FORD LO Susan D. Jansen 40039995 111 West First Strect, Suite 1100 Dayton, Ohio 45402-1156 (937) 461-5310 — Telephone (937) 461-7219 — Facsimile sjansen@djflawfirm.com Attorney for the Plaintiffs CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Plaintiffs’ Amended Complaint for Temporary Restraining Order, Preliminary and Permanent Injunction was duly served upon the John Danish, Counsel for Defendants, City of Dayton, Ohio, 101 West Third Street, Dayton, Ohio 45402, by hand delivery this 25th day of February, 2008. A Qa