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A Teacher Under A Collective Bargaining Agreement Generally Cannot Act Independently of the Union in Matters Arising from that Collective Bargaining Agreement

In the case of Halliday v. Bd. of Dirs. of the Mental Health & Recovery Bd. of Erie & Ottawa Ctys., 2d Dist. Montgomery No. 28480, 2020-Ohio-820, an Ohio appellate court held that a teacher under a collective bargaining agreement generally cannot act independently of the union in matters arising from that collective bargaining agreement.

In this case, a public school deemed a teacher to have constructively resigned when the teacher took employment elsewhere while on paid administrative leave. The union representing the teacher grieved the termination because the collective bargaining agreement did not deal with either paid administrative leave or constructive resignation. The union won in arbitration and the teacher brought suit in court to enforce the award. The public school responded by arguing that the teacher lacked standing to challenge the award.

The Ohio appellate court held that the teacher could not challenge the award because an employee governed by a collective bargaining agreement cannot enforce arbitration awards unless the collective bargaining agreement expressly allows the teacher to independently pursue arbitration. The Ohio appellate court reasoned that, because the arbitration agreement did not give the teacher such a right, the teacher lacked standing to enforce the arbitration award.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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