Matheny v. Norton, 2012 Ohio 2283

2010: City of Norton and OPBA entered a collective bargaining agreement covering Norton Police Department employees.
Nicholas Matheny, a full-time patrolman, was terminated on October 27, 2010 during his probationary period.
OPBA filed a grievance on Matheny’s behalf; City refused to process the grievance.
OPBA sought arbitration under the CBA; City refused to submit to arbitration.
Dispute centers on whether Matheny was still probationary at termination or had completed probation.
Trial court did not hold a hearing on the petition to compel arbitration; it ordered arbitration to determine Matheny’s status

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by ordering arbitration without a hearing.	Matheny/OPBA contend court must hold a hearing under R.C. 2711.03.	City contends no hearing was required on status decision.	Reversed; trial court must hold a hearing on the petition to compel arbitration.

Boggs Custom Homes, Inc. v. Rehor, 2005-Ohio-1129 (9th Dist. 2005) (arbitration compelled by court requires a hearing)
Biondi, M.D. v. Oregon Homes, LLC, 2012-Ohio-1714 (9th Dist. 2012) (explicit requirement of a hearing on petition to compel)
Chase Home Fin., LLC v. McDowell, 2010-Ohio-633 (9th Dist. 2010) (arbitration-specific considerations in review)
Krakora v. Superior Energy Sys., 2009-Ohio-401 (9th Dist. 2009) (mandates hearing when reviewing motion to compel arbitration)
Blubaugh v. Fred Martin Motors, Inc., 2008-Ohio-779 (9th Dist. 2008) (reversal when no hearing on petition to compel shown)
Brunke v. Ohio State Home Srvs, Inc., 2007-Ohio-3114 (9th Dist. 2007) (reaffirmed need for hearing on arbitration petition)