Ex-campus bookstore worker loses another round in job fight
COLUMBUS, Ohio (AP) — A fired college bookstore employee in Ohio has lost another round in the battle for his job, a blow that may end the yearslong saga.
The 10th District Court of Appeals on Tuesday upheld an earlier decision involving Andre Brady. In that ruling, a lower court determined it couldn’t review core legal claims surrounding the elimination of Brady’s union job as a sales manager at the Youngstown State University bookstore because it lacked jurisdiction.
Brady lost his job of 19 years in 2016, as his employer and other public universities were being pressured by then-Republican Ohio Gov. John Kasich to reduce costs and pass the savings along to students. He’s been fighting the layoff ever since.
His lawyer, Renny Tyson, told the appellate court during oral arguments in August that his client only wants the opportunity to make his case that Youngstown State lacked legitimate “reasons of economy” when it closed its bookstore. Lacking verifiable economic reasons violated his union contract, Brady argues.
The 10th District Court upheld that the State Personnel Board of Review never “adjudicated” Brady’s case, so the lower court doesn’t have the power to hear the case.
But the three-judge panel also said it really doesn’t matter — because the remedy Brady would have sought was the exact remedy he already received. That was to be restored to his job and given back pay.
It is true that those thing happened. However, when Brady returned to the university, he was instantly laid off again for lack of work. Also, he never took the back pay the university offered him, because he worried it would impact his ability to challenge the school, he has said.
Brady said he is considering yet another appeal.