2013 Ohio 2954
Ohio Ct. App.2013Background
- OAPSE is the exclusive bargaining agent for Martins Ferry nonteaching employees under a 2009–2011 CBA with wage provisions and a grievance/arbitration process.
- In 2010 the Board imposed a 5% uniform salary reduction for all employees, freezing wage schedules for up to two years, despite wage reopener provisions in the CBA.
- OAPSE/grievances challenged the reduction as a breach of the CBA; grievances were denied, and the Board asserted the reduction was authorized by ORC 3319.082.
- An arbitrator sustained the grievances, holding wage reductions must be bargained through the CBA's wage-reopener process and not unilaterally.
- The Board moved to vacate the award, arguing the arbitrator exceeded powers and that the CBA does not preempt statutory wage provisions; OAPSE moved to confirm the award.
- The trial court vacated the arbitration award, finding the arbitrator exceeded powers and that ORC provisions controlled; the court held the CBA did not preempt the statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the CBA preempt statutory wage provisions? | OAPSE: CBA preempts statutory wage limits when wage changes are bargained. | Board: statutes control where not expressly superseded by the CBA. | Arbitrator's award draws essence from CBA; preemption upheld; court erred in vacating |
| Does R.C. Chapter 124 apply to nonteaching employees rather than R.C. 3319.081/082? | OAPSE: Chapter 124 applies; it governs civil service for bargaining unit. | Board: Chapter 124 does not apply; 3319.081/082 apply or CBA preempts. | R.C. 124 does not apply; arbitrator correctly found preemption via CBA |
| Did the arbitrator exceed powers by preempting statutory rights? | OAPSE: Arbitrator properly interpreted CBA to preempt statutes. | Board: Arbitrator added terms, contrary to law; exceeded powers. | Arbitrator's interpretation reasonable; trial court erred in vacating; award reinstated |
Key Cases Cited
- Batavia Local School Dist. Bd. of Edn. v. Ohio Sch. Emps., 89 Ohio St.3d 191 (2000-Ohio-130) (explicit preemption requires language showing intent to supersede statutory rights)
- City of Hillsboro v. Fraternal Order of Police, Ohio Labor Council, Inc., 52 Ohio St.3d 174 (1990) (arbitrator interpretation governs when contract language is susceptible to multiple reasonable readings)
- Findlay City School Dist. Bd. of Edn. v. Findlay Edn. Assn., 49 Ohio St.3d 129 (1990) (arbitration review limited; essence of CBA central to outcome)
- Goodyear Tire & Rubber Co. v. Local Union No. 200, 42 Ohio St.2d 516 (1975) (limited review of arbitrator decisions; avoid substituting own judgment)
- Jefferson Cty. Sheriff v. Fraternal Order of Police, 7th Dist. No. 09-JE-2, 2009-Ohio-6758 (2009) (protects deference to arbitrator where contract terms are reasonably interpreted)