604 N.E.2d 798 | Ohio Ct. App. | 1992
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This appeal is taken from a judgment of the Franklin County Court of Common Pleas dismissing plaintiff's application to vacate an arbitration award. In dismissing the application, the court ruled that plaintiff lacked standing under R.C.
Plaintiff, Juanita Barksdale, is employed by defendant, Ohio Department of Administrative Services, under the terms of a collective bargaining agreement between the state of Ohio and the Ohio Civil Service Employees Association, Local 11, AFSCME, AFL-CIO. In 1987, plaintiff filed a grievance in which she sought reclassification from her current position as an Account Clerk 2. The grievance was denied and the matter proceeded to binding arbitration pursuant to the terms of the collective bargaining agreement. Following an unfavorable arbitration award, plaintiff filed an application to vacate the award pursuant to R.C.
"The trial court committed reversible error in granting appellee's motion to dismiss, finding that appellant was not a proper party to appeal the arbitrator's decision."
The validity and enforcement of contractual arbitration agreements is generally governed by R.C. Chapter 2711. Pursuant to R.C.
While applications to confirm, vacate or modify arbitration awards are generally governed by R.C. Chapter 2711, this case involves a collective bargaining agreement executed by a public employer and a union representing public employees. Such agreements are specifically governed by the provisions contained in R.C. Chapter 4117. Of particular interest is R.C.
In Lepp v. Ohio Hazardous Waste Facility Bd. (Sept. 26, 1991), Franklin App. No. 91AP-464, unreported, 1991 WL 224181, this court recently held that R.C.
To resolve this appeal, we must determine whether plaintiff was a "party" to the arbitration proceeding conducted pursuant to the terms of the collective bargaining agreement. Under R.C.
Whether or not an employee is technically made a party to a labor arbitration proceeding, the employee is often the real party in interest with respect to such a proceeding. As we observed in Lepp, employees are bound by the terms of a collective bargaining agreement even though they are not actual signatories to the agreement. They are, in fact, the intended beneficiaries of the agreement. Where the rights adjudicated at an arbitration proceeding belong to an employee, not to the union as a whole, it is the employee who will be directly benefitted or injured by the outcome of the litigation. Although the employee is represented by the union, the employee is the real party in interest where rights personal to the employee are the subject of the litigation. As used in R.C.
In this case, plaintiff seeks reclassification from her current position of employment. By this action, she seeks to exercise her own rights, not those belonging to the union as a whole. Although the union served as her representative at the arbitration proceeding, plaintiff was the real party in interest because only she will be directly affected by the outcome of this litigation. Thus, plaintiff is a party under R.C.
Plaintiff's assignment of error is sustained. The judgment of the trial court is reversed and the cause is remanded for further proceedings consistent with this opinion and in accordance with law.
Judgment reversedand cause remanded.
WHITESIDE and MCCORMAC, JJ., concur. *330