A Trumbull County judge has ruled that an arbitrator did not exceed his authority by finding that an employee was terminated for just cause. In Ohio Civil Service Employees Association v. Trumbull County Engineer (2018-cv-00340), a County Engineer’s employee reportedly stated to his supervisor: “When this is all done and said there will be a pile of people and I will be standing on top.” He repeated the comment two times to the supervisor.  When the supervisor reported the comment to management staff, the Engineer immediately launched an investigation, during which the employee denied making the comment.  Ultimately, it was concluded the employee made the comment and was dishonest in denying it during the investigation, and the employee was terminated.

The Union grieved the matter to arbitration.  The Union asked the Arbitrator to rule upon the issue: “Whether just caused exists for the termination of the Grievant, and if not what shall the remedy be?”  After a hearing and post-hearing briefing by both parties, the Arbitrator denied the grievance, and upheld the termination.

Dissatisfied, the Union filed a motion to vacate the arbitration award with the Court.  The Union argued that the Arbitrator’s award could not be rationally derived from the collective bargaining agreement because the Arbitrator failed to specifically address the Union’s allegations of unlawful retaliatory motive for the termination.  The collective bargaining agreement defined a “grievance” as “an alleged failure of the Employer to comply with the provisions of this Agreement or the law.” (emphasis added) The Union alleged that it presented evidence to the Arbitrator that Grievant was targeted for discipline and removal in retaliation for filing complaints and exercising rights related to R.C. 124.341 (Civil Service Whistleblower) and 4117.11 (Unfair Labor Practice).

The Court disagreed with the union’s argument.  The court found that the arbitrator specifically addressed the issue the parties presented to him, namely, whether there was just cause to terminate the grievant.  Further, while the Arbitrator did not cite the statutes referred to by the Union, he did recognize in his decision that: “Management was targeting the Grievant not only for exercising his rights under the contract as a Union member but because he filed a lawsuit against the Trumbull County Engineer.”  The Court found that despite consideration of this argument, the Arbitrator nonetheless found the Grievant was discharged for just cause.  The Court dismissed the Union’s motion to vacate and the Arbitrator’s award stands.

The employer in this case was represented by FDAR attorneys David Riepenhoff (driepenhoff@fisheldowney.com) and Grant Bacon (gbacon@fisheldowney.com).  Please feel free to call if you have any questions.  (614) 221-1216.