In the case of Falconer v. Warrensville Heights City Sch. Dist. Bd. of Educ., 2023-Ohio-2068, an appellate court held that the court of common pleas did not have original jurisdiction over the employment dispute between the public employee and school board because the collective bargaining agreement (“CBA”) specified so.
In this case, the public employee argued that the public employee was not bound to the CBA’s arbitration provision because the public employee’s claims did not implicate any of the public employee’s rights and duties set forth in the CBA. In response, the school board argued that the right the public employee asserted was only granted by the CBA. The appellate court agreed with the school board.
In support of its decision in favor of the school board, the appellate court explained that the public employee’s rights being asserted would not exist without the CBA. The appellate court further explained that the public employee could only resolve the issue through the CBA’s grievance procedure.
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.