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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

The Ohio Supreme Court Upholds The Termination Of An Employee For Failing To Disclose A Sealed Criminal Conviction On His Registration Applications

In Gyugo v. Franklin Cty. Bd. of Dev. Disabilities, Slip Opinion No. 2017-Ohio-6953, the Ohio Supreme Court found that questions on a registration application that “explicitly required disclosure of sealed convictions [* * *] did not violate [Ohio law] because the questions bore a direct and substantial relationship to [the plaintiff’s] position.” Accordingly, the Ohio […]

Ohio Appellate Court Allows Whistleblower Case To Proceed To Discovery

In Keehan v. Korenowski, 2017-Ohio-7050, an Ohio appellate court found that the plaintiff sufficiently alleged in his complaint that he provided oral and written notice to his supervisor regarding alleged criminal acts as to state a claim under the Ohio whistleblower statute. This case involves allegations of “illegal, unethical, and unprofessional incidents” by a staffing […]

The Grievance Process Is The Exclusive Remedy When A Collective Bargaining Agreement Provides For Final And Binding Arbitration

In Gaydosh v. Trumbull Cty., 2017-Ohio-5859, an Ohio appellate court approved the dismissal of a breach of contract case brought by a member of a collective bargaining agreement (“CBA”) because the CBA provided the employee’s sole remedies. This case involved a grievance over an employee’s termination following his indictment “for three drug related felonies, and […]

Ohio Appellate Court Holds That A Trial Court Cannot Conduct An “Independent Analysis” Of An Arbitrator’s Award

In Adams Cty./Ohio Valley Local School v. OAPSE/AFSCME, Local 572, 2017-Ohio-6929, an Ohio appellate court reversed a trial court decision vacating an arbitration award which found that the school board violated the collective bargaining agreement. The underlying arbitration in this case involved a grievance alleging that the school board violated the collective bargaining agreement “when […]

Information In Personnel Files May Be Redacted In Public Record Responses

In State ex rel. Louisville Edn. Assn., OEA/NEA v. Louisville City School Dist. Bd. of Edn., 2017-Ohio- 5564, an Ohio appellate court upheld the redaction of “all boxes which would have revealed deductions for tax sheltered accounts, charitable contributions, and the amount of taxes withheld” by a public school district in response to a public […]