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Arbitrators May Consider the Current Practice of Employers When Interpreting Collective Bargaining Agreements

In the case of Anderson Twp. Bd. of Trustees v. Anderson Twp. Professional Firefighters Assn., Laff Local 3111, 2019-Ohio-2302, an Ohio appellate court held that “arbitrators can look to the conduct of the parties to see how they have interpreted” a collective bargaining agreement (“CBA”) “[r]egardless of whether a contractual provision is considered ambiguous or […]

A School Board May Reject A Referee’s Recommendations upon Actual Consideration of the Referee’s Findings of Fact

In the case of Humphries v. Lorain City School Dist. Bd. of Edn., 2019-Ohio-2263, an Ohio appellate court held that a school board’s decision to terminate an administrator despite an independent referee’s recommendation to the contrary was warranted because the school board conducted an extensive review of the referee’s findings of fact and rejected some […]

Matthew John Markling Presents to South Central Ohio Superintendents

On June 14, 2019, Matthew John Markling is giving a legal update to superintendents at the South Central Ohio Educational Service Center, which proudly serves school districts in Adams, Jackson, and Scioto Counties. The South Central Ohio Educational Service Center also provides regional services in Lawrence, Pike, Ross, and surrounding counties. The South Central Ohio […]

Untimely Arbitration Demands May Not Be Arbitrable

In the case of Streetsboro Edn. Assn. v. Streetsboro City School Dist. Bd. of Edn., 2019-Ohio-2170, an Ohio appellate court held that the express time limitations for bringing arbitrations set forth in the grievance procedure of a collective bargaining agreement (“CBA”) is binding and can result in untimely grievances not being arbitrable. In this case, […]

The Ohio Ethics Commission – The Voice of Ethics – 2019 Quarter 2

The Ohio Ethics Commission just published its newest newsletter, which can be viewed here. Past newsletters from the Ohio Ethics Commission can be viewed here. McGown & Markling is often asked to opine on various ethics issues, but the best ethics advice comes straight from the Ohio Ethics Commission itself. To request an advisory opinion from the […]