In the case of Copley-Fairlawn City School Dist. Bd. of Edn. v. Copley Teachers Assn., 2020-Ohio-4801, an Ohio appellate court held that, when the parties to a collective bargaining agreement have clearly and unmistakably vested the arbitrator with the authority to decide the issue of arbitrability, the question of whether a matter is arbitrable must first be decided by the arbitrator and not the court.
In this case, the collective bargaining agreement clearly and unmistakably provided: “If an issue of arbitrability is raised, the arbitrator shall first determine whether the grievance is arbitrable before deciding the merits of the case.” 2020-Ohio-4801, at ¶ 7. On this basis alone, the appellate court held that any underlying dispute on arbitrability – whatever those disputes may be – must first be decided by an arbitrator and not the court. As a result, the appellate court disregarded the trial court’s analysis on the issue of arbitrability as superfluous and premature because the issue of arbitrability was in fact reserved for the arbitrator to determine in the first instance.
Note that the outcome of this case may have been much different had the parties not clearly and unmistakably vested the arbitrator with the authority to decide the issue of arbitrability.
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 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.