FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Wednesday, April 10, 2024

CAPTION: COLERAIN TOWNSHIP V. AFSCME OHIO COUNCIL 8, AFL-CIO LOCAL 3553

APPEAL NO.: C-230377

TRIAL NO.: A-2204168

KEY WORDS: R.C. 2711.10(D) — ARBITRATION — COLLECTIVE-BARGAINING AGREEMENT 

SUMMARY: In a dispute concerning a township employee’s termination, the trial court erred in vacating the arbitrator’s award of reinstatement and making the employee whole under R.C. 2711.10(D) where nothing in the collective-bargaining agreement prevented the arbitrator from awarding any remedy inherent within the relief requested in the employee’s written grievance in order to provide the employee with a full and adequate remedy under the provision of the collective-bargaining agreement relevant to the arbitrator’s decision. 

The trial court erred in vacating the arbitrator’s award under R.C. 2711.10(D) where it vacated the award due to a perceived error in the arbitrator’s exercise of her powers under the collective-bargaining agreement. 

JUDGMENT: REVERSED AND CAUSE REMANDED

JUDGES: OPINION by ZAYAS, P.J.; CROUSE and WINKLER, JJ., CONCUR.