2017 Ohio 2673
Ohio Ct. App.2017Background
- Robert Young, a DRC corrections officer and OCSEA member, was assigned to provide security at OSU Hospitals under a DRC–OSU contract; in 2008 OSU Hospitals asked DRC to stop assigning Young after an incident.
- DRC removed Young from OSU Hospitals; Young grieved through his union and an arbitrator (Dec. 2009) ordered DRC to reassign him to OSU Hospitals within one month.
- OSU Hospitals refused to accept Young despite the arbitration award; DRC attempted to reassign him several times, and OSU Hospital security physically removed or warned him from campus.
- Young sued OSU Hospitals: initially in the Court of Claims (tortious interference dismissed for lack of jurisdiction; other claims later voluntarily dismissed), then in Franklin County Common Pleas asserting libel, slander, IIED, and tortious interference.
- The common pleas court ultimately granted summary judgment for OSU Hospitals, finding it lacked subject-matter jurisdiction over the tortious-interference claim under R.C. Chapter 4117 and dismissing all claims; Young appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the common pleas court had subject-matter jurisdiction over Young's tortious-interference claim | Young argued the common pleas court could hear the tortious-interference claim (invoking R.C. Chapter 4117 jurisdictional scheme) | OSU Hospitals argued R.C. 4117 does not authorize an individual employee to bring an original action in common pleas court and the Court of Claims has exclusive jurisdiction over suits against the state | Court held common pleas court lacked subject-matter jurisdiction: R.C. 4117.09(B)(1) does not authorize an individual employee (not a party to the CBA) to bring such an action in common pleas court |
| Whether R.C. 4117.09(B)(1) permits an individual employee to sue in common pleas to enforce an arbitrator’s award or other claims | Young contended he could proceed in common pleas under R.C. Chapter 4117 | OSU Hospitals contended the statute limits common pleas jurisdiction to suits by parties to the CBA for violation/enforcement of agreements/awards, not individual tort claims | Court held R.C. 4117.09(B)(1) is limited to parties and to claims for violation/enforcement of CBAs or awards; it does not encompass Young’s tortious-interference claim |
| Whether the trial court’s merits rulings (statute of limitations, failure to prove tortious interference, or privilege) were reviewable | Young challenged the merits rulings | OSU Hospitals defended the merits rulings | The court found merits review moot because the trial court lacked subject-matter jurisdiction to decide the merits |
| Whether Young was a "party" to the CBA for purposes of R.C. 4117.09 | Young did not argue the CBA conferred standing on him | OSU Hospitals and the court treated Young as not a party to the CBA (union and employer are parties) | Court held Young was not a party to the CBA and thus R.C. 4117.09(B)(1) did not confer common pleas jurisdiction on him |
Key Cases Cited
- State ex rel. Wilkinson v. Reed, 99 Ohio St.3d 106 (2003) (R.C. 4117.09(B)(1) requires grievance/arbitration procedure and limits common pleas jurisdiction to enforcement or violation of CBAs or arbitrator awards)
- Leon v. Boardman Twp., 100 Ohio St.3d 335 (2003) (an employee may be a party for R.C. 4117 purposes only if the CBA expressly confers standing to petition common pleas to enforce an arbitrator’s award)
- Franklin Cty. Sheriff's Dept. v. Fraternal Order of Police, Capital City Lodge No. 9, 64 Ohio App.3d 684 (1991) (R.C. 4117.09(B)(1) jurisdiction in common pleas is limited to alleged violations of CBAs or enforcement of arbitration awards)
- Moore v. Youngstown State Univ., 63 Ohio App.3d 238 (1989) (R.C. Chapter 4117 allows suits in common pleas for violations of collective bargaining agreements)
- Kinney v. Ohio Dept. of Adm. Servs., 30 Ohio App.3d 123 (1986) (a court without subject-matter jurisdiction cannot grant summary judgment on the merits)