Justia Arbitration & Mediation Opinion SummariesArticles Posted in Ohio Supreme Court
State ex rel. Waiters v. Szabo
Appellant Cheryl Waiters was employed by the city of Cleveland. When the city discharged Waiters from employment, the union of which Waiters was a member filed a grievance and later demanded arbitration. The arbitrator found the city had discharged Waiters without just cause and ordered that she be reinstated to employment. Waiters then filed a complaint in the court of appeals for a writ of mandamus to compel her reinstatement to her former position with back pay and an award of attorney fees. The city subsequently reinstated Waiters to her former job. The court of appeals denied Waiters's writ, concluding that her claim for reinstatement was moot and that she failed to establish her entitlement to back pay or attorney fees. Waiters appealed. The Supreme Court affirmed the judgment of the court of appeals, holding that (1) Waiters's reinstatement claim was rendered moot when she was reinstated; (2) as a bargaining-unit employee who was represented by the union in the grievance and arbitration process, Waiters was relegated to the arbitration proceeding in which the dispute concerning the amount of back pay she would be entitled to was being decided; and (3) Waiters was not entitled to attorney fees.