2013 Ohio 2589
Ohio Ct. App.2013Background
- Bair, a psychiatric/MR nurse for ODMH, was terminated on November 10, 2010 from HBH.
- Bair was unionized; the CBA governed relations between ODMH and the Union, and he filed suit after termination.
- Bair joined ODMH, the Union, Susan Ruben (arbitrator), and others as defendants in a common pleas court action.
- Bair alleged that the grievance proceedings and the arbitrator’s cure violated the CBA time guidelines, and sought relief including a declaration and contract relief.
- An arbitration occurred June 15, 2011; Arbitrator Ruben issued an award October 10, 2011 upholding the termination.
- The trial court dismissed Count One (declaratory judgment) and Count Two (breach of contract) and dismissed Count Three (vacate/arbitrate) as moot/untimely; Bair appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge arbitration | Bair claims RC 2711 allows his independent challenge. | ODMH/Union contend only parties to arbitration may appeal; Johnson controls. | Partial reversal: standing to pursue Count Three recognized; matter remanded for further consideration. |
| Declaratory relief vs exclusive statute | Declaratory relief should be available to determine arbitral validity. | R.C. Chapter 2711 provides exclusive remedy; declaratory relief not permitted. | Count One properly dismissed; declaratory relief cannot circumvent Chapter 2711. |
| Bair’s ability to seek vacation of arbitration | R.C. 4117.03(A)(5) may permit pursuing relief without union representation from outset. | Leon-based rule requires independent right under CBA for vacating an arbitration award. | Count Three not yet resolved on the merits; remanded for further development consistent with the standing analysis. |
Key Cases Cited
- City of Galion v. Am. Fed. of State, Cty. and Mun. Emp., 71 Ohio St.3d 620 (1995) (R.C. 2711 is exclusive remedy for challenging arbitration awards)
- Leon v. Boardman Twp., 100 Ohio St.3d 335 (2003-Ohio-6466) (standing to vacate arbitration depends on CBA rights)
- Hayes v. Oakridge Home, 122 Ohio St.3d 63 (2009-Ohio-2054) (strong policy favoring arbitration; doubts resolved in its favor)
- State ex rel. Wilkinson v. Reed, 99 Ohio St.3d 106 (2003-Ohio-2506) (binding arbitration is exclusive remedy when CBA provides final and binding arbitration)