In the case of Intl. Union of Operating Engineers, Local 20 v. Hamilton, 2019-Ohio-2491, an Ohio appellate court held that an arbitration rehearing is “a possibility” but “is not a requirement,” when an arbitrator’s decision is vacated by a trial court. Intl. Union at ¶ 10.
In this case, a city terminated an employee for insubordination and the employee’s union brought a grievance on behalf of the employee. The grievance proceeded to arbitration and the arbitrator awarded the employee reinstatement. On appeal, the Ohio appellate court reversed and vacated the arbitrator’s award for overstepping the bounds of the collective bargaining agreement between the city and union but did not require a rehearing by the arbitrator.
Since there was not a rehearing, the union initiated legal action to compel a second arbitration based upon the argument that a rehearing is required by law if an award is vacated. In response, the Ohio appellate court found that “requiring a rehearing is a possibility according to statute, but it is not a requirement.” Intl. Union at ¶ 10.
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.