DAYTON, Ohio (WDTN) – Caseworkers at Montgomery County Children Services have filed a motion to end the injunction that took them off the picket lines.
Caseworkers started striking on July 19 and after just a few hours a judge temporarily stopped the strike.
Since the strike was stopped in July, another restraining order was filed against the Professionals Guild of Ohio. Which essentially keeps union members off the picket line through September 21.
There have been several motions/complaints filed throughout the feud between Montgomery County and their Children Services caseworkers.
But the most recent motion centers around the very first filing to stop the strike.
At its core, the issue surrounds the verbiage in Montgomery County’s initial filing. At one point the county, the Plaintiff, describes themselves as “Children Services is a division of Montgomery County Job and Family Services.”
That’s where the union is making part of their case. Saying,
“The named plaintiff could not initiate against PGO…”
Which essentially means that department (Children Services) can’t file motions.
“The first proceeding in this court was a predicate for the proceedings which followed,” said the motion.
Lawyers for the union list roughly 4 past cases that were overturned in relation to their motion.
“An entity either does or does not exist. It either has authority to sue or doesn’t,” said the motion.
The union also objects to a Montgomery County judge ruling for the county that employs him.
Both sides would not comment on the motion as they are expected to meet this Wednesday to work on their raise-related issues.
Montgomery County has said in the past that avoiding a strike was essential in best serving their children.
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