City of Tulsa v. Fraternal Order of Police, Lodge 93
2017 OK 73
| Okla. | 2017Background
- Kendra Miller, a Tulsa police officer, was terminated for violating seven department rules; she filed a grievance under the Collective Bargaining Agreement (CBA) with the Fraternal Order of Police, Lodge 93.
- The arbitrator addressed the CBA grievance in two parts: (1) whether Miller was terminated for just cause and (2) the appropriate remedy.
- The arbitrator found just cause for discipline on two charges but not just cause for termination, and ordered a remedy (a 30-day suspension) instead of termination.
- The City obtained a district court order vacating the entire arbitration award; the Court of Civil Appeals affirmed that vacatur, and this Court denied certiorari.
- After the appellate mandate issued, Miller and the Lodge moved in district court to remand the matter back to the arbitrator; the trial court denied remand. The Oklahoma Supreme Court retained the appeal and reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be remanded to the arbitrator after the arbitration award was vacated | City: Court of Civil Appeals resolved whether the award should be vacated; that decision is law of the case and forecloses further arbitration | Lodge/Miller: Parties have a contractual right to arbitrate; vacatur of the award does not preclude remand to arbitration for resolution consistent with law and the CBA | Reversed district court; remand to arbitrator ordered — parties entitled to arbitrate per their contract |
| Whether the arbitrator exceeded authority by fashioning a non-termination remedy | City: Arbitrator exceeded authority and thus the remedy portion tainted the award, justifying vacatur of the entire award | Lodge/Miller: Arbitrator’s remedy addressed discipline and should be implemented or the matter sent back for proper arbitration | Court of Civil Appeals found excess of authority; Supreme Court reasoned that despite vacatur, the parties’ arbitration rights require remand to the arbitrator |
Key Cases Cited
- City of Tulsa v. Fraternal Order of Police Lodge 93, 365 P.3d 82 (Okla. Civ. App. 2016) (Court of Civil Appeals affirmed trial court vacating the arbitration award)
- State ex rel. Pruitt v. Native Wholesale Supply, 338 P.3d 613 (Okla. 2014) (discusses law-of-the-case principle)
- Hays v. L.C.I., Inc., 604 P.2d 861 (Okla. 1979) (definition of vacatur and effect on judgments)
- Matter of Meekins, 554 P.2d 872 (Okla. Civ. App. 1976) (vacatur described as rendering order a nullity)