In the case of City of Ashtabula v. FOP, 2020-Ohio-6677, the Ohio Eleventh District Court of Appeals held that where an amendment does not change the subject matter of the original grievance is arbitrable even if filed after the deadline for the initial grievance.
The City of Ashtabula argued that the police officers’ amendment should be vacated, because the deadline for the initial grievance had passed.
The Court held in favor of allowing the amendment. The Court found that the initial grievance was filed in a timely manner and due to the fact the amendment did not change the subject matter contained in the initial filing the amendment should be allowed, because it was used merely to clarify and correct the initial grievance.
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.