Civil Service Personnel Ass'n v. City of Akron

Appellant contends that a complaint for injunctive relief to force a municipality to conduct an election among its employees, to determine which of two rival employee unions shall represent them, is subject to a motion to dismiss for failure to state a claim for which relief can be granted under Civ. R. 12(B)(6), because no legal or equitable right to such an election exists. Appellant points out there exists no statutory authority for the election ordered by the courts below, and states there exists no common-law right to such an election. Appellant asserts that the maxim “equity will not…