In the case of Lemay v. Univ. of Toledo Med. Ctr., 2018-Ohio-2339, an Ohio appellate court found that any contract claims stemming from a collective bargaining agreement (“CBA”) can only be brought by the union or the employer – not by the employee.
The case involved an employee who was terminated for gross negligence. The employee was covered by a CBA with a 5-step grievance procedure culminating in arbitration. Because the employee stated that she did not trust the grievance process she filed suit alleging, among other things, a breach of contract claim. Specifically, the employee insisted that she was terminated in violation of the CBA.
The Ohio appellate court agreed that a breach of contract claim existed but found that it was not the employee’s claim to bring. The Ohio appellate court stated that any breach of contract claim relating to the CBA could only be brought by the parties who created the CBA – the employer and the union. The employee had no standing to bring such a claim.
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.