No specific laws identified for this ruling.
The Ohio Court of Appeals affirmed the trial court's confirmation of an arbitration award in favor of the union, which had grieved the city's failure to pay captains the wages and uniform allowance recommended by the fact-finder under the 2016-2019 CBA.
R.C. Chapter 4117 collective bargaining agreement State Employee Relations Board union grievance arbitration fact-finder unfair labor practice R.C. 2711.10 arbitration award rational nexus. The trial court did not err when it found that the arbitrator had jurisdiction over the dispute between the city and the union. SERB had already dismissed the union and the city's unfair labor practice charges and the arbitrator's decision that he had jurisdiction over the collective bargaining agreement issues was not unlawful, arbitrary, or capricious. The trial court did not err when it found that the arbitrator was within his authority to interpret missing essential terms in the collective bargaining agreement the arbitrator's interpretation was based on contract law and arbitral labor law and did not create an agreement where one did not previously exist. The arbitrator's decision was rationally based upon the terms of the collective bargaining agreement therefore, the arbitrator did not exceed his powers and the award is not arbitrary, capricious, or unlawful.
This summary was generated to explain the ruling in plain English and is not legal advice.
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.
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