Opinion
No. 27722
Decided November 22, 1939.
Mandamus — Misjoinder of respondents — Reinstatenment of civil service employee in Bureau of Unemployment Compensation — Administrator only appointing authority — Sections 1345-13 and 12283, General Code.
IN MANDAMUS.
Relator, Earl A. Stine, seeks a writ of mandamus to restore him to all the benefits, privileges, emoluments and rights of the position of claims examiner, grade III, Cincinnati office, District 13, of the Bureau of Unemployment Compensation, to which position he was appointed, December 19, 1938, from a civil service eligible list.
He names as respondents (1) the administrator of the Bureau of Unemployment Compensation, (2) the assistant administrator and (3) the office manager of the Cincinnati office of the bureau.
Relator's petition alleges that on March 18, 1939, as a result of an unlawful conspiracy on the part of the respondents to wrongfully deprive him of his position in the classified civil service of the state, the respondent Atkinson dismissed relator from his position, claiming to terminate his services on the 90th day of his probationary period under the alleged authority of Section 486-13, General Code, and that respondents have wrongfully prevented him from performing the duties of his position and from enjoying the rights, privileges and emoluments thereof.
Other facts alleged in relator's petition need not be recited in deciding the joint demurrer of the three respondents thereto.
Mr. Jerome Goldman, for relator.
Mr. Thomas J. Herbert, attorney general, and Mr. John P. Walsh, for respondents.
Under Section 1345-13, General Code (116 Ohio Laws, pt. 2, 286, 298), the power of appointment was exercised by the Unemployment Compensation Commission, subject to the civil service laws, but under Section 1346-1, General Code (Section 2, S. B. No. 57, 93 General Assembly, 118 Ohio Laws, —), the powers and duties of that commission were vested solely in the administrator of the Bureau of Unemployment Compensation.
Assuming relator was lawfully appointed and unlawfully dismissed as alleged, the administrator is the only person to whom a writ of mandamus may issue compelling reinstatement of the relator. Section 12283, General Code.
The demurrer will be sustained for misjoinder of respondents and the relator will be granted 20 days in which to plead further.
Demurrer sustained.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.