Articles Posted in Supreme Court of Ohio

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Any limitation on an arbitrator’s authority to modify a disciplinary action pursuant to a collective bargaining agreement (CBA) provision requiring that discipline be imposed only for just cause must be specifically bargained for by the parties and incorporated into the CBA. The common pleas court in this case vacated an arbitration award that changed the disciplinary sanction recommended by the chief of police against Sergeant David Hill of the Findlay Police Department from termination to a length suspension. The court of appeals affirmed, concluding that the arbitration award did not draw its essence from the CBA between the city of Findlay and the Ohio Patrolmen’s Benevolent Association and was arbitrary, capricious, and unlawful. The Supreme Court reversed, holding (1) because the CBA placed no limitation on the arbitrator’s authority to review the disciplinary action imposed and fashion a remedy, the arbitrator acted within his authority; and (2) the arbitrator’s award drew its essence from the CBA and was not arbitrary, capricious, or unlawful. View "Ohio Patrolmen's Benevolent Ass’n v. City of Findlay" on Justia Law

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Dayton Public Schools notified Cox of its intent to terminate her employment for allegedly striking a student. An arbitration award, finding just cause for her termination, was handed down on December 10, 2013. The arbitrator e-mailed the decision to the School District attorneys on December 10, but Cox was not included as a recipient of the e-mail. On December 18, 2013, the Board of Education passed a formal resolution adopting the arbitrator’s decision and directed that Cox be served with the order by certified mail. On March 10, 2014, Cox moved to vacate, modify, or correct the arbitration award. The School District argued that notice of a petition seeking the vacation or modification of an arbitration award pursuant to R.C. Chapter 2711 must be received by the adverse party or its attorney within the statutory three-month period contained in R.C. 2711.13. The trial court dismissed. The Court of Appeals reversed; the Supreme Court of Ohio affirmed. The three-month period for service of Cox’s motion began on December 11, 2013. On the same numerical day three months later, Cox sent notice of her motion by certified mail. Service was complete at the time of mailing and was timely. View "Cox v. Dayton Pub. Schs. Bd. of Educ." on Justia Law