Western Reserve Psychiatric Habilitation Center v. Bolden (May 14, 1986), Summit App. No. 12388, unreported, 1986 WL 5700. The merger and bar rule is a rule of substance and not procedure and is therefore beyond the authority of the board to promulgate.

Burch v. City of Cuyahoga Falls (Aug. 7, 1985), Summit App. No. 11952, unreported, 1985 WL 11035. A second suspension is unlawful when the employee is being disciplined twice for the same incident.

Henslee v. Ohio Dept. of Administrative Services (1987), Franklin Co., No. 87AO-07, unreported. To invoke the merger and bar rule appellant bears the responsibility of demonstrating that the present disciplinary action is based upon prior disciplinary action for which appellant has already been punished.