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Toledo Fedn. of Teachers v. Bd. of Edn. of the Toledo City School Dist.

Ohio Ct. App.July 26, 2019No. L-18-1257

Case Details

Judge(s)
Mayle
Status
Published
Procedural Posture
appellate review of arbitration eligibility determination

Related Laws

No specific laws identified for this ruling.

Outcome

The court affirmed that an arbitrator, not the trial court, has authority to determine whether two grievances are similar under the CBA provision prohibiting new similar grievances, absent express exclusion or explicit language reserving the issue for judicial determination.

Excerpt

CBA provision prohibited union from bringing new grievances similar to previously-denied grievance, but did not prohibit arbitration of already-pending grievance that was purportedly similar. In absence of "express exclusion," "explicit language," or "forceful evidence" from bargaining history indicating intent to reserve issue for trial court, determination of whether two grievances are "similar" was matter for arbitrator, not trial court.

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