Toledo Fedn. of Teachers v. Bd. of Edn. of the Toledo City School Dist.
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.
Similar Rulings
Court lacked subject-matter jurisdiction of age discrimination claim against school board where employee elected to file OCRC charge tortious violation of rights not recognized claim under Ohio law employee failed to submit proper evidence to support disability discrimination claim employee failed to make prima facie case of retaliation conduct supporting IIED claim not sufficiently extreme and outrageous no abuse of discretion in affirming termination under R.C. 3319.16.
School board employees were not entitled to statutory immunity on age discrimination and intentional infliction of emotional distress claims because genuine issue of material fact existed as to whether they acted with malice, in bad faith, wantonly, or recklessly in pursuing disciplinary proceedings against appellee. Employees were entitled to immunity as to retaliation claims where court identified no conduct attributable to them in denying summary judgment on the merits of the claim.
Employment relations—Labor unions—Collective bargaining agreement—Arbitration—Arbitrator, after determining there was just cause to discipline an employee, has authority to review appropriateness of type of discipline imposed, when.
Facing something similar at work?
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.