In the case of 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 it subcontracted the job of salting and plowing its parking lots to an outside contractor and removed this work from the bargaining unit employees who usually performed it.” Adams at ¶ 8. The arbitrator sustained the grievance finding that the collective bargaining agreement did not authorize the school board to subcontract out bargaining unit work. The school board appealed the arbitration award and the trial court vacated the decision after conducting “its own independent analysis of the issues involved.” Adams at ¶ 13.
The problem with the trial court’s decision is that a reviewing court cannot conduct an independent analysis of the issues involved in an arbitration decision. Because Ohio law favors and encourages arbitration, a reviewing court cannot easily overturn an arbitrator’s award. As the Ohio appellate court noted, so long as the arbitrator is even arguably interpreting the contract such that a court is not absolutely convinced that the arbitrator committed a serious error, a court cannot overturn the arbitrator’s decision.
As we noted in our March 13, 2017 blog, which you can access here, and our March 22, 2017 blog which you can access here, school officials should consider this high bar when asking a court to vacate an arbitration award.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel.
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.