In the case of Cox v. Dayton Pub. Schools Bd. of Edn., Slip Opinion No. 2016-Ohio-5505, the Ohio Supreme Court found that, for purposes of the three month deadline to contest an arbitration award, service of the motion to vacate, modify, or correct an arbitration award is complete upon mailing and not when it is actually received by the other party. While the actual mechanics of contesting an arbitration award may be of little practical application to our faithful blog readers, the Supreme Court’s statement that it was interpreting the statute “as written” does. Cox at ¶ 9. As the statement indicates, courts generally read statutes and contracts literally. Public officials should never take the timelines outlined in statutes, contracts, or collective bargaining agreements for granted.
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.