2011 Ohio 5834
Ohio Ct. App.2011Background
- SERB certified the union as exclusive representative for Cleveland water and property-management divisions in 2007, and the parties executed a collective-bargaining agreement.
- A four-step grievance procedure governs disputes; grievances must be written within 10 working days, may be amended before Step 3, and unresolved disputes may go to arbitration.
- In December 2009 the city sought wage/concession concessions to balance the budget; the union rejected the counterproposal and five water-plant operators were laid off.
- The union filed a grievance alleging the layoffs were not due to lack of work or funds; on January 4, 2010, the union signed a memorandum of understanding amending the CBA after voting to accept concessions.
- The city argued the grievance was moot; the union contended the memorandum was obtained by duress; the grievance advanced to arbitration with the duress issue asserted.
- Arbitrator found the matter not arbitrable because the layoffs were rescinded and the grievance moot; the union did not timely file to assert duress; the arbitrator also held duress is a legal issue outside contract interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of vacate motion | Union contends timely under 2711.13 to file to vacate. | City argues the three-month deadline was not met and service was improper. | Three-month deadline not met; motion struck. |
| Subject-matter jurisdiction for duress claim | Duress claim falls within declaratory relief and SERB jurisdiction. | Declaratory relief and 4117 claims fall outside and are governed by arbitration statute. | Declaratory-judgment claim dismissed; SERB exclusive jurisdiction. |
| Hearing on confirmation | Trial court should have held a hearing under 2711.09. | No hearing required when challenging party misses deadline. | No prejudicial error; no hearing required. |
Key Cases Cited
- Galion v. Am. Fedn. of State, Cty. & Mun. Emp., 71 Ohio St.3d 620 (1995) (mandatory, jurisdictional three-month deadline for 2711.13)
- Consolo v. Cleveland, 103 Ohio St.3d 362 (2004) (exclusive statutory remedy for arbitration appeals; declaratory relief inappropriate)
- Laborers Int’l Union Local 1099 v. City, 2009-Ohio-6313 (2009) (award delivery via AAA methods; notice deemed received)
- Bailey v. Ohio Dept. of Transp., 2008-Ohio-1513 (2008) (flexibility in procedural approach; limits to defense deadlines)
- Gonda & Assoc. v. Flynn, 2010-Ohio-679 (2010) (compliance with timing and service when challenging arbitration awards)