State v. Ohio Civil Serv. Emps. Assn., Local 11 AFSCME AFL-CIO
71 N.E.3d 622
Ohio Ct. App.2016Background
- Firefighters employed by Ohio Adjutant General's Department are covered by a collective bargaining agreement (CBA) granting military leave: 176 hours generally and up to 408 hours annually for firefighters (Appendix Q).
- Prior to March 9, 2012, the agency paid military leave that included travel and rest time; on March 9, 2012 an HR email limited paid military leave to the times listed on military orders (excluding travel/rest pay).
- The Union filed a grievance; an arbitrator held a hearing and found a long-standing past practice of paying travel and rest as part of military leave, concluding the CBA entitled members to such pay and ordered reversal of the new policy.
- The State sought vacatur in the trial court; the trial court granted summary judgment for the State, holding the CBA was silent on the definition of "military leave," that statutory definitions control under the CBA, and the matter was not arbitrable.
- The Union appealed; the court of appeals reversed the trial court, holding the CBA was not silent as to military leave benefits and the arbitrator acted within his authority by interpreting the CBA and relying on past practice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dispute over what "military leave" includes is arbitrable | State: CBA is silent as to the definition; Section 44.02 requires statutes/regulations to define benefits where silent, so arbitrator exceeded authority | Union: CBA grants military leave (hours) and is not silent on benefits; arbitrator may interpret terms and consider past practice | Held: Reversed trial court — CBA not silent on military leave benefits; dispute arbitrable and within arbitrator's authority |
| Whether the arbitrator impermissibly added terms to the CBA by awarding pay for travel/rest | State: Award improperly creates obligations beyond express CBA language | Union: Arbitrator found an established past practice; he enforced existing interpretation rather than adding terms | Held: Arbitrator's decision enforces past practice and interprets CBA; not an impermissible addition |
Key Cases Cited
- Schaefer v. Allstate Ins. Co., 63 Ohio St.3d 708 (Ohio 1992) (Ohio public policy favors arbitration)
- Bd. of Edn. of the Findlay City School Dist. v. Findlay Edn. Assn., 49 Ohio St.3d 129 (Ohio 1990) (courts may not substitute their judgment for arbitrator; awards presumed valid)
- Mahoning Cty. Bd. of Mental Retardation & Dev. Disabilities v. Mahoning Cty. TMR Edn. Assn., 22 Ohio St.3d 80 (Ohio 1986) (arbitration award draws its essence from agreement when rational nexus exists and award is not arbitrary)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment standards; construing evidence in favor of nonmoving party)
- Byrd v. Smith, 110 Ohio St.3d 24 (Ohio 2006) (summary judgment burden and inferences rule)