In the case of Guinn v. Cuyahoga Metro. Hous. Auth., 2021-Ohio-4212, the Eighth District Appellate Court held that the trial court lacked the power to hear a former police officer’s discrimination claim against the police department.
In this case, the former police officer argued that because the officer exhausted the grievance procedures of the collective bargaining agreement, the trial court claim was allowed to proceed. The police department argued that only the State Employment Relations Bureau (“SERB”) could hear the officer’s claims, which were also barred by the statute of limitations.
The Court reasoned that the police officer’s claims could only be brought to SERB and that the collective bargaining agreement contained the exclusive means to resolve the officer’s complaints. Therefore, it was improper for the officer to bring a claim in the trial court.
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.