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Kolkowski v. AATA |
For media inquiries, please contact:
Lisa Gates, vice president of communications
(614) 224-3255 or Lisa@BuckeyeInstitute.org
Background of the Case
Key Question in the Case: Can a union deny a government employee—who does not belong to the union—the constitutional right to choose legal representation to arbitrate a grievance based on a collective bargaining agreement negotiated between the union and the government employer?
Barbara Kolkowski is a high school guidance counselor in Ashtabula, Ohio. When a dispute arose regarding payment under a supplemental contract, Ms. Kolkowski pursued remedies through the contractual grievance process and requested that the union submit her grievance to arbitration as required by her district’s collective bargaining agreement. Ms. Kolkowski—who is not even a union member—also requested that she be able to hire her own private attorney at her own expense to pursue her claim in the arbitration proceedings rather than rely upon the union’s designated representative—who is not required to be a lawyer. The union refused her request and denied Ms. Kolkowski her right to associate with and speak through her own counsel. The Buckeye Institute sued on behalf of Ms. Kolkowski to vindicate her constitutional right to have her own counsel.
Facts of the Case
Current Status
On January 17, 2023, the Ohio Supreme declined to review the case.
Case Number
2022-1299
Originally Filed
January 27, 2021
Original Court
Ashtabula County Court of Common Pleas
Plaintiff
Barbara Kolkowski
Lawyers
Robert Alt, president and chief executive officer, The Buckeye Institute
David C. Tryon, director of litigation, The Buckeye Institute
Jay R. Carson, senior litigator, The Buckeye Institute
Timeline of the Case
January 17, 2023
The Ohio Supreme declines to review the case.
October 21, 2022
The Buckeye Institute files its appeal in Kolkowski v. Ashtabula Area Teachers Association with the Ohio Supreme Court.
September 6, 2022
Ohio’s Eleventh District Court of Appeals affirms the Ashtabula County Court of Common Pleas ruling.
January 18, 2022
The Buckeye Institute files its appeal brief in Kolkowski v. Ashtabula Area Teachers Association with Ohio’s Eleventh District Court of Appeals (case number 2021 CA 00033), urging the court to recognize that a union—which Barbara Kolkowski is not a member of—cannot force her to accept union legal representation to arbitrate her workplace grievance.
October 5, 2021
The Ashtabula County Court of Common Pleas grants the defendant’s motion to dismiss.
January 27, 2021
The Buckeye Institute files a complaint in the Ashtabula County Court of Common Pleas on behalf of Barbara Kolkowski, who objects to being forced to accept union representation and decisions made by union arbitrators in a contract dispute, particularly given that Ms. Kolkowski is not a member of the union. Kolkowski v. Ashtabula Area Teachers Association is case number 2021 CV 00034.
