Municipal Construction Equipment Operators' Labor Council v. City of Cleveland

Arbitration arbitration award arbitrator R.C. 2711.10 vacate award exceed authority essence of the agreement de novo review. The common pleas court erred in granting the appellee's motion to vacate the arbitration award. An arbitration award must be vacated if the arbitrator exceeds his authority or the award does not draw its essence from the parties' agreement. An award draws its essence from the agreement when it is rationally derived from the terms of the agreement. The appellant charged a member of the appellee union with gross insubordination and conduct unbecoming. Under the parties' collective bargaining agreement, gross insubordination is punishable by termination, demotion, or suspension exceeding 72 hours without pay insubordination is punishable by official reprimand and suspension of up to 72 hours without pay and conduct unbecoming is punishable by official reprimand and suspension of up to 24 hours without pay. The questions submitted to the arbitrator were whether the appellant had just cause to suspend the union member for 24 hours and issue him a written reprimand, and if not, to determine the appropriate remedy. The arbitrator found that the union member's conduct was not insubordinate but was unbecoming. The arbitrator awarded compensation for any lost wages and benefits resulting from the union member's 24-hour suspension but retained the written reprimand in his personnel file. The award resolved the questions submitted to arbitration and was rationally derived from the collective bargaining agreement. The arbitrator did not exceed his authority in issuing the award, and the award drew its essence from the agreement. Therefore, the common pleas court erred in vacating the award.