City of Cleveland v. Laborers Int'l Union Local 1099
104 N.E.3d 890
| Ohio Ct. App. | 2018Background
- Laborers Local 1099 filed a grievance (2006) alleging the City of Cleveland subcontracted union work to Downtown Cleveland Alliance/Block by Block in violation of their CBA; an arbitrator (2008) found a violation and awarded "reasonable and demonstrable lost back pay," retaining limited jurisdiction to implement the award.
- The City moved to vacate the arbitration award in common pleas court; the trial court denied relief and confirmed the award, and this court affirmed in 2009 because the City failed to comply with R.C. 2711.13 service requirements.
- The union sought a determination of the monetary amount of back pay; the arbitrator later declined to set a specific dollar amount (ruling functus officio) after the award had been confirmed and appealed.
- The union filed a post-judgment motion / motion to show cause in common pleas court asking the court to determine the amount of "reasonable and demonstrable lost back pay;" the City contested the court’s jurisdiction and the sufficiency of the evidence.
- After reviewing briefs, exhibits (including Block by Block payroll/time records and union wage rates), the trial court awarded $309,797.86 plus prejudgment interest (Dec. 16, 2016). The City appealed.
Issues
| Issue | Plaintiff's Argument (City) | Defendant's Argument (Local 1099) | Held |
|---|---|---|---|
| Whether trial court had jurisdiction to fix a sum certain for the arbitrator’s award | Trial court lacked authority under R.C. Chapter 2711 to modify/arise a new award; only the arbitrator could set damages | Trial court could enforce the confirmed award as a judgment and use Civ.R. 69/execution powers to quantify the "reasonable and demonstrable" amount | Court: Trial court properly exercised enforcement/judgment powers to convert an unliquidated confirmed arbitration award into a sum certain; first assignment overruled |
| Whether $309,797.86 was supported by evidence | Award was speculative; union failed to prove work was traditionally exclusive or that wages/overtime were actually lost | Some evidence (Block by Block time/pay records and union wage sheets) supported the court’s factual finding and amount | Court: Review for "some evidence" (no requested Civ.R. 52 findings); record contains sufficient evidence to support the award; second assignment overruled |
Key Cases Cited
- Warren Edn. Assn. v. Warren City Bd. of Edn., 18 Ohio St.3d 170 (1985) (procedure: confirm arbitration award unless timely grounds to vacate/modify shown)
- Lockhart v. Am. Res. Ins. Co., 2 Ohio App.3d 99 (8th Dist. 1981) (post-arbitration court jurisdiction limited to statutory confirmation, vacation, modification, or enforcement)
- Motor Wheel Corp. v. Goodyear Tire & Rubber Co., 98 Ohio App.3d 45 (8th Dist. 1994) (courts may not relitigate merits decided by arbitrator)
- Hunt v. Westlake City School Dist. Bd. of Edn., 114 Ohio App.3d 563 (8th Dist. 1996) (enforcement of appellate/arbitration awards can proceed in common pleas court via execution/remedies rather than mandamus)
- Champion v. Kraftmaid Cabinetry, Inc., 190 Ohio App.3d 202 (11th Dist. 2010) (confirmed arbitration awards have effect of judgments and are enforceable as such)