In the case of Staple v. Ravenna, 2022-Ohio-261, the Ohio Eleventh District Court of Appeals held that the trial court lacked subject-matter jurisdiction over a police officer’s action against the city to enforce the arbitration provision of a collective bargaining agreement (“CBA”) between the city and union because the officer’s claim stemmed from a labor dispute which falls under the exclusive jurisdiction of the State Employment Relations Board (“SERB”). The Court also held that the officer lacked standing to pursue arbitration under R.C. 2711.03(A) because the officer was not a party to the CBA.
Here, the officer argued that the trial court’s jurisdiction over the officer’s claim seeking enforcement of the CBA’s arbitration provision was concurrent with the jurisdiction of SERB to investigate and review claims of unfair labor practices. The city argued that SERB had exclusive jurisdiction over the subject matter of the officer’s claim – i.e., an unfair labor practice charge.
The Court reasoned that the trial court lacked jurisdiction because SERB has exclusive jurisdiction over claims that are dependent on the collective bargaining rights created by R.C. Chapter 4117 including, but not limited to, labor arbitration under R.C. 4117.09(B). In addition, the officer lacked standing to bring this claim because the officer was not an “aggrieved party” pursuant to R.C. 2711.03(A) as only the union and the city, not the officer, were parties to the CBA, and the CBA did not grant the officer the right to arbitrate this 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.