Cleveland v. Communication Workers of Am., Local 4340

Citations

• 2022 Ohio 2498

Syllabus

R.C. Chapter 4117 collective bargaining agreement State Employee Relations Board union grievance arbitration fact-finder unfair labor practice R.C. 2711.10 arbitration award rational nexus. The trial court did not err when it found that the arbitrator had jurisdiction over the dispute between the city and the union. SERB had already dismissed the union and the city's unfair labor practice charges and the arbitrator's decision that he had jurisdiction over the collective bargaining agreement issues was not unlawful, arbitrary, or capricious. The trial court did not err when it found that the arbitrator was within his authority to interpret missing essential terms in the collective bargaining agreement the arbitrator's interpretation was based on contract law and arbitral labor law and did not create an agreement where one did not previously exist. The arbitrator's decision was rationally based upon the terms of the collective bargaining agreement therefore, the arbitrator did not exceed his powers and the award is not arbitrary, capricious, or unlawful.