In the case of Gaydosh v. Trumbull Cty., 2017-Ohio-5859, an Ohio appellate court approved the dismissal of a breach of contract case brought by a member of a collective bargaining agreement (“CBA”) because the CBA provided the employee’s sole remedies.
This case involved a grievance over an employee’s termination following his indictment “for three drug related felonies, and three misdemeanor charges of workers’ compensation fraud.” Gaydosh at ¶ 2. The employer denied the grievance and the union refused to appeal it to arbitration. When the union refused to advance the grievance, the employee took matters into his own hands and filed a civil action claiming that “he was an intended third party beneficiary of the CBA, and ha[d] the right to sue for its breach under this statute.” Gaydosh at ¶ 32. The Ohio appellate court disagreed, finding that, when the CBA provides for final and binding arbitration, “its procedure is exclusive” and an employee cannot file a breach of contract claim against the employer. Gaydosh at ¶ 35.
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.