In the case of Laborer’s Internatl. Union of N.A., Local Union No. 860 v. Cuyahoga Cty. Court of Common Pleas, Juvenile Div., 2019-Ohio-3190, an Ohio appellate court held that a unilateral change in mileage reimbursement under a collective bargaining agreement (“CBA”) must be arbitrated pursuant to that CBA.
In this case, a common pleas court and union were subject to a CBA that contained a provision requiring arbitration of any disputes arising out of the CBA. The union sought to arbitrate a unilateral change to the mileage reimbursement policy that was implemented by the common pleas court without negotiating the change with the union. Because the common pleas court refused to submit the dispute to arbitration, the union initiated legal action to compel the common pleas court to arbitration.
While the Ohio appellate court recognized that “a party cannot be required to arbitrate a dispute that the party has not agreed to submit to arbitration,” the Ohio appellate court found that – in this case – “the specific language of the [CBA] clearly demonstrates the parties’ intent to resolve a dispute such as this one through arbitration.” Laborer’s Internatl. at ¶ 21. The Ohio appellate court further found that “any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration” and held that the common pleas court and union must arbitrate the dispute. Laborer’s Internatl. at ¶ 33.
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.