TRO Denied, Hearing Set for Other Relief

Marilyn Widman, Allotta, Farley & Widman Co., LPA, legal counsel to UT-AAUP

On Monday, November 1, 2010, Lucas County Common Pleas Court Judge Gary Cook held oral arguments on the UT-AAUP's request for a temporary restraining order to stop continued work on the announced Reorganization Plan.  As previously reported, UT-AAUP filed a grievance to enforce its collective bargaining agreement language that requires the UT Board of Trustees (BOT) to effectively consult with and seek the advice of the Faculty Senate on matters of institutional planning.  UT-AAUP requested temporary, preliminary and permanent injunctive relief to stay the progress of the Reorganization Plan until an arbitrator decides the merits of the grievance.

Judge Cook heard arguments from attorneys for both UT-AAUP and the UT Board of Trustees, and he asked questions of both attorneys.  The hearing process required about three hours of the Court's time.  At the end of the afternoon, Judge Cook found the matter to be a labor dispute subject to arbitration, over the objection of the BOT.  However, Judge Cook could not be convinced in argument that UT-AAUP will suffer irreparable harm if a temporary restraining order (TRO) is not granted at this time.  Because he was not persuaded that irreparable harm would occur, he was legally prohibited from granting the TRO.  UT-AAUP will prepare now for a full evidentiary hearing at which witnesses will provide testimony and documents in support of UT-AAUP position that a permanent injunction - meaning until a decision issues from arbitration - is necessary to prevent irreparable harm to it and its members.  That hearing will take place in front of Judge Cook on Monday, November 22, 2010, beginning at 9 AM and is expected to require the entire day for hearing.  The public is welcome to attend the hearing.