In the case of Niles Educ. Ass’n v. Niles City Sch. Dist. Bd. of Educ. 2020-Ohio-6804, the Ohio Eleventh District Court of Appeals held that a grievance filed by a teacher regarding termination for misusing and falsifying sick leave was arbitrable, when the master contract agreement between the teacher and the school district did not expressly exclude arbitration.
Niles City School District Board of Education argued that the grievance was not arbitrable, because the term “discipline” as used in the employee discipline provision does not include termination of a teacher.
The Court Appeals disagreed, finding that the board’s reading of the statute goes against the Ohio Supreme Court’s interpretation, as well as the governing principles of arbitrability. The Court concluded that due to the board’s failure to present evidence to overcome the presumption favoring arbitration the grievance was arbitrable.
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.