Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Portage County Board of Developmental Disabilities v. Portage County Educators' Association for Developmental Disabilities

Supreme Court of Ohio

April 25, 2018

Portage County Board of Developmental Disabilities, Appellant,
v.
Portage County Educators' Association for Developmental Disabilities, Appellee.

          Submitted January 24, 2018

         Syllabus

         When reviewing a decision of a common pleas court confirming, modifying, vacating, or correcting an arbitration award, an appellate court should accept findings of fact that are not clearly erroneous but decide questions of law de novo. (First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 115 S.Ct. 1920, 131 L.Ed.2d 985 (1995), followed.)

          Certified by the Court of Appeals for Portage County, No. 2016-P-0032, 2017-Ohio-888.

          Ronald J. Habowski, for appellant.

          Green, Haines, Sgambati, Co., L.P.A., Ira J. Mirkin, Charles W. Oldfield, and Danielle L. Murphy, for appellee.

          O'Donnell, J.

         {¶ 1} The Eleventh District Court of Appeals certified that its judgment in this case, which holds that the standard of review for appellate courts reviewing a trial court decision vacating an arbitration award is de novo, conflicts with the judgments in Cleveland State Univ. v. Fraternal Order of Police, Ohio Labor Council, Inc., 2015-Ohio-4772, 50 N.E.3d 285 (8th Dist), and In re Hamilton v. Internatl. Union of Operating Engineers, Local 20, 2016-Ohio-5565, 69 N.E.3d 1253 (12th Dist.), which hold that the proper standard is abuse of discretion, and as a result, the appellate court certified the following question to us pursuant to Article IV, Section 3(B)(4) of the Ohio Constitution and App.R. 25:

What standard of review governs appellate review of a decision by the court of common pleas confirming, modifying, vacating, or correcting an arbitration award?

         {¶ 2} When reviewing a trial court's decision to confirm, modify, vacate, or correct an arbitration award, an appellate court should accept findings of fact that are not clearly erroneous but should review questions of law de novo. In conformity with our resolution of the certified question, we recognize that the court of appeals conducted a proper de novo review of the trial court's decision in this case vacating the arbitration award, reversed its decision, reinstated the arbitration award, and therefore we affirm its judgment.

          Facts and Procedural History

         {¶ 3} Patricia Byttner is a member the Portage County Educators' Association for Developmental Disabilities, and that organization is a party to a collective bargaining agreement with the Portage County Board of Developmental Disabilities.

         {¶ 4} In November 2008, the board hired Byttner to fill the position of "Account Clerk 1" in its transportation department. This position required that Byttner perform bookkeeping, secretarial, and clerical duties. Although it was not part of her job description, during her interview for the position, Byttner agreed that she would substitute as a bus driver or aide in emergency situations.

         {¶ 5} In August 2012, Byttner's supervisor, Jennifer Weaver, directed her to fill in as a bus aide. Byttner refused, and told Weaver that she could not squat down or secure wheelchairs on the bus due to pending scheduled knee surgery, and further ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.