In the case of Montgomery Cty.. Bd. of Trustees v. Fraternal Order of Police, Ohio Labor Council, Inc., Slip Opinion No. 2021-Ohio-2052, the Second District Court of Appeals held that the arbitration decision ordering the reinstatement of a police officer was valid.
Here, a police officer filed a grievance after being terminated for violating department policy by allegedly recording a conversation with an employee without the employee’s consent. The arbitrator found that the officer was operating in a union role and as such, the officer fell within an exception to the recording policy.
The Board argued that the decision was in excess of the arbitrator’s powers and asked that the court vacate the decision. The Court of Appeals disagreed.
The Court held that the arbitrator properly evaluated the issue and the policies in this case, and because the decision was rationally related to the policy at issue, the arbitrator did not exceed their authority.
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.