MAHONING COUNTY Hearing will decide if court hears issue

A union lawyer says the matter is a contract issue, not one for the courtroom.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A hearing will be in January to determine whether a lawsuit over demotions in the Mahoning County Sheriff's Department actually belongs in court.
Four corporals filed the lawsuit earlier this month, trying to block their demotion to deputy. They are Cortland Casey and John Peace, both of Campbell, and Ronald Denson and William Walker, both of Youngstown.
Named as defendants are Sheriff Randall Wellington and the Fraternal Order of Police-Ohio Labor Council, which represents the department's rank-and-file deputies.
Gwen Callendar, an attorney for the FOP, filed a motion to dismiss the action, saying it doesn't belong in court. She says it's a collective bargaining issue, not a legal issue.
A hearing was Friday before Magistrate Eugene Fehr, but no action was taken. It was postponed for about three weeks to give lawyers from both sides time to file updated court documents.
A test for promotion to sergeant was given in September 2001. Any corporals who passed the test were to be automatically promoted, but those who failed, or those who did not take the test, were to be demoted to deputy. They would, however, retain their corporal's pay.
What deal was struck
The arrangement had been agreed to by the union as part of the process of eliminating the rank of corporal.
The lawsuit says the four corporals are to be demoted, but they are arguing that they are civil service employees and can be demoted only under certain circumstances.
Callendar says, though, that collective bargaining agreements supersede Ohio law in cases like this, so the demotions should be put into effect.
Fehr said courts have historically "deferred to collective bargaining agreements" in cases such as this one, but said no decision will be made until after the hearing next month. Until then, a temporary restraining order stopping the demotions remains in place.
bjackson@vindy.com