On Monday, October 25, 2010, the UT-AAUP filed an action in Lucas County Common Pleas Court to stay any further action toward implementation of President Lloyd Jacobs' announced Reorganization Plan for the University of Toledo.  The case was assigned to Common Pleas Court Judge Gary Cook.

The Union is asking the Court to order that no further action on the Reorganization Plan be taken until the grievance UT-AAUP filed in September 2010 is either resolved to the satisfaction of UT-AAUP or resolved by a decision from an external arbitrator.  UT-AAUP wants to preserve the status quo on campus pending a decision from an arbitrator, if necessary, as to whether the UT-AAUP contract requires Dr. Jacobs to effectively consult the Faculty Senate on the Reorganization Plan.  Dr. Jacobs has admitted that he did not effectively consult the Faculty Senate in the development of the Plan that the UT Board of Trustees approved earlier this month.

Prior to filing the injunction, UT-AUUP's legal counsel, Allotta, Farley & Widman Co., LPA, had assisted UT-AAUP in first requesting agreement in writing from Dr. Jacobs that he would stay further work on the Reorganization Plan, pending an outcome of the grievance.  On October 22, 2010, Dr. Jacobs refused such a stay and noted in his written response that UT-AAUP "does not have the right nor the authority to stay official action taken by the Board of Trustees." In order to preserve its ability for redress under the collective bargaining agreement and the grievance procedure, UT-AAUP filed the Court action.