Adams Cty./Ohio Valley Local School v. OAPSE/AFSCME, Local 572
2017 Ohio 6929
| Ohio Ct. App. | 2017Background
- Union (OAPSE/AFSCME Local 572) and Board (Adams County/Ohio Valley Local School) were parties to a CBA effective Oct. 1, 2013–Sept. 30, 2016.
- Union grieved the Board’s subcontracting of salting/plowing work (normally done by custodians), asserting a violation of the CBA (Article 30A and custodial job duties).
- Arbitrator held an evidentiary hearing and sustained the grievance, concluding the CBA did not authorize the extent of subcontracting and distinguishing an earlier Florman award as non-preclusive.
- Board moved in the common pleas court to vacate the arbitration award under R.C. 2711.10(D); the Union moved to confirm the award.
- Trial court vacated the arbitrator’s award after conducting its own de novo evaluation of the merits and concluded the Board did not violate the CBA.
- Fourth District reversed: trial court erred as a matter of law by substituting its independent merits analysis instead of reviewing whether one of the limited statutory grounds for vacatur (R.C. 2711.10) existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly vacated the arbitration award | Board: vacatur appropriate under R.C. 2711.10(D) because arbitrator exceeded powers and ignored prior arbitration precedent | Union: trial court erred by substituting its judgment for the arbitrator and failing to apply R.C. 2711.10 | Court: Reversed — trial court erred; it performed an improper de novo merits review instead of limiting review to statutory vacatur grounds |
| Standard/scope of review for vacatur | Board: trial court may find award lacked rational basis from CBA | Union: courts must apply limited statutory grounds; defer to arbitrator unless award fails to draw its essence from the CBA | Court: Applies de novo review to determine whether statutory vacatur grounds exist, but emphasizes limited inquiry (not rehearing merits) |
Key Cases Cited
- Southwest Ohio Regional Transit Auth. v. Amalgamated Transit Union, 91 Ohio St.3d 108, 742 N.E.2d 630 (Ohio 2001) (trial court may not substitute its judgment for arbitrator; limited review required)
- Queen City Lodge No. 69, Fraternal Order of Police v. Cincinnati, 63 Ohio St.3d 403, 588 N.E.2d 802 (Ohio 1992) (award draws essence from CBA when there is a rational nexus and is not arbitrary)
- Bd. of Ed. of the Findlay City School Dist. v. Findlay Educ. Assn., 49 Ohio St.3d 129, 551 N.E.2d 186 (Ohio 1990) (once award draws its essence from CBA, inquiry ends)
- Bd. of Trustees of Miami Twp. v. Fraternal Order of Police, 81 Ohio St.3d 269, 690 N.E.2d 1262 (Ohio 1998) (courts give limited review to arbitration awards; arbitration favored)
- Mahoning City Bd. of Mental Retardation & Dev. Disabilities v. Mahoning City TMR Edn. Assn., 22 Ohio St.3d 80, 488 N.E.2d 872 (Ohio 1986) (definition of when award draws its essence from the contract)
- Motor Wheel Corp. v. Goodyear Tire & Rubber Co., 98 Ohio App.3d 45, 647 N.E.2d 844 (Ohio Ct. App.) (parties who choose arbitration limit judicial review; courts should not convert arbitration into de novo review)