Opinion

Internatl. Assn. of Firefighters, Local 67 v. Columbus

  • 95 Ohio St. 3d 101
  • 2002 Ohio 1936
Court
Ohio Supreme Court
Filed
Apr 24, 2002
Status
Published
On the bench
Francis E. Sweeeney, Sr., J.
Cited by
9 cases
Authority
More cited than 72.3%

The opinion

[This decision has been published in Ohio Official Reports at 95 Ohio St.3d 101.]

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 67, APPELLANT, v.

CITY OF COLUMBUS, APPELLEE.

[Cite as Internatl. Assn. of Firefighters, Local 67 v. Columbus,

2002-Ohio-1936.]

Employer and employee—Arbitration—Arbitrator exceeded his authority by

relying on rules extraneous to the collective bargaining agreement to

determine the eligibility of union employees to receive paid injury leave

for carpal tunnel syndrome, when—Arbitration award vacated, when—

R.C. 2711.10(D), applied.

(No. 01-178—Submitted January 8, 2002—Decided April 24, 2002.)

APPEAL from the Court of Appeals for Franklin County, No. 00AP-283.

__________________

FRANCIS E. SWEENEY, SR., J.

{¶ 1} Donald Sherrod and William Russell, two Columbus firefighters,

developed bilateral carpal tunnel syndrome during the course of their duties. As a

result, both men missed work to receive medical treatment. The firefighters applied

for paid injury leave as provided for in Article 24, Section 24.2, of the collective

bargaining agreement (“CBA”) entered into on their behalf by Local 67,

International Association of Firefighters, appellant, with the city of Columbus,

appellee. According to this provision, paid injury leave “shall be granted to any

such employee only for injuries or other disabilities determined by the Finance

Department Director or designee as caused or induced by the actual performance

of his or her position.” (Emphasis added.)

{¶ 2} The firefighters’ request for paid injury leave was denied by the

finance director and the Board of Industrial Relations on the ground that carpal

SUPREME COURT OF OHIO

tunnel syndrome was not a disability. The union filed grievances on the

firefighters’ behalf, contesting the denial of benefits. The grievances were denied.

{¶ 3} Pursuant to the CBA, the parties then submitted the grievances to

arbitration. The arbitrator denied the grievances, also finding that the firefighters

did not sustain a disability. In reaching this conclusion, the arbitrator relied upon

rules promulgated by the city’s Board of Industrial Relations that defined the terms

“injury” and “disability” as physical damage or a physically restrictive medical

condition “caused by an incident in the actual performance of the duties of the

position.” (Emphasis added.) Since carpal tunnel syndrome is not caused by a

single traumatic incident, the arbitrator concluded that it was not a disability for

purposes of entitlement to paid injury leave.

{¶ 4} The union filed a complaint and an application to vacate the

arbitration decision in Franklin County Common Pleas Court. The trial court

denied the union’s application to vacate the arbitration decision. The court of

appeals, in a two-to-one decision, affirmed the trial court’s ruling, finding that the

arbitrator’s decision drew its essence from the CBA. The cause is now before this

court upon the allowance of a discretionary appeal.

{¶ 5} The issue in this case is whether the arbitrator exceeded his authority

by relying on rules extraneous to the CBA to determine the eligibility of union

employees to receive paid injury leave.

{¶ 6} A reviewing court’s role in evaluating an arbitration decision is

limited to determining whether the award is unlawful, arbitrary, or capricious and

whether it draws its essence from the collective bargaining agreement. Southwest

Ohio Regional Transit Auth. v. Amalgamated Transit Union, Local 627 (2001), 91

Ohio St.3d 108, 110, 742 N.E.2d 630. For an award to draw its essence from the

CBA, there must be a rational nexus between the agreement and the award.

Mahoning Cty. Bd. of Mental Retardation & Developmental Disabilities v.

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January Term, 2002

Mahoning Cty. TMR Edn. Assn. (1986), 22 Ohio St.3d 80, 22 OBR 95, 488 N.E.2d

872, paragraph one of the syllabus.

{¶ 7} The union asks us to vacate the arbitration decision. R.C. 2711.10(D)

provides that an arbitration award shall be vacated if “[t]he arbitrators exceeded

their powers, or so imperfectly executed them that a mutual, final, and definite

award upon the subject matter submitted was not made.” The union maintains that

by ignoring the plain meaning of the CBA, and instead relying on a definition of

“disability” extraneous to the contract, the arbitrator exceeded his powers.

{¶ 8} In particular, the union argues that under the plain language of Article

24, Section 24.2 of the CBA, paid injury leave is to be granted whenever an

employee suffers a work-related injury or disability, which would include carpal

tunnel syndrome. However, under the board’s definition of “disability,” employees

seeking paid injury leave must demonstrate an additional element, i.e., that their

injuries or disabilities were caused by an incident in performance of work-related

duties. Since this additional requirement was not bargained for, or made part of the

CBA, the union maintains that the arbitrator exceeded his authority and that the

award does not draw its essence from the CBA.

{¶ 9} In contrast, appellee city contends, as the majority of the court of

appeals held, that the arbitration award draws its essence from the CBA. The city

argues that there is a rational nexus between the CBA and the award in that Section

24.8 of the CBA authorizes the director of finance to “make necessary rules, devise

forms, keep records, investigate cases, and make decisions on allowance of pay for

time off duty as provided by this Article, subject to the approval of the Board of

Industrial Relations.” (Emphasis added.) Since Section 24.8 authorizes the finance

director to “make necessary rules” regarding injury leave, the city believes that the

arbitrator was warranted in looking at those rules, promulgated by the Board of

Industrial Relations, to better understand what is meant by the terms “injuries” or

“other disabilities” for purposes of paid injury leave.

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SUPREME COURT OF OHIO

{¶ 10} We disagree with the city’s position. An arbitrator is confined to

interpreting the provisions of a CBA as written and to construe the terms used in

the agreement according to their plain and ordinary meaning. Ohio Office of

Collective Bargaining v. Ohio Civ. Serv. Emp. Assn., Local 11, AFSCME, AFL-

CIO (1991), 59 Ohio St.3d 177, 180, 572 N.E.2d 71. Even though the CBA does

not define what is meant by the term “other disabilities,” this does not give the

arbitrator the authority to rely on the city’s own definition of that term. Instead,

since the CBA is silent on this point, the term “other disabilities” must be given its

ordinary meaning. Black’s Law Dictionary (7 Ed.1999) 474 defines “disability” as

“[t]he inability to perform some function; an objectively measurable condition of

impairment, physical or mental.” It further defines “physical disability” as “[a]n

incapacity caused by a physical defect or infirmity, or by bodily imperfection or

mental illness.” It is clear that the firefighters’ carpal tunnel syndrome falls within

the ordinary definition of a disability.

{¶ 11} This conclusion is further supported by the fact that the CBA’s

injury-leave provision (Section 24.2) expressly provides that certain disabilities

(cardiovascular, respiratory, and pulmonary) are presumed to be service-related.

These disabilities, like carpal tunnel syndrome, are not necessarily caused by a

single incident. Instead, firefighters may develop these disabilities, particularly

respiratory or pulmonary ailments, after they have sustained repeated exposure to

smoke. The inclusion of these disabilities strengthens the union’s position that the

term “disability” was never intended to include the requirement that the condition

was caused by an incident. As Judge Tyack stated in his dissenting opinion in the

court of appeals, “The presumption set forth in Section 24.2 clearly conflicts with

the definition utilized by the Director of the Finance Department * * *. I do not

believe that the city can agree to one thing at the bargaining table and then take the

benefits away with rules and regulations which are narrowly construed.”

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January Term, 2002

{¶ 12} Moreover, contrary to the city’s position, Section 24.8 of the CBA

does not give the arbitrator the right to rely on rules promulgated by the city itself

to redefine terms used within the CBA. Although Section 24.8 authorizes the

finance director to “make rules” relating to injury leave, we believe this provision

simply authorizes the city to develop the procedural mechanism for determining

injury-leave claims. It should not be read to authorize the director to unilaterally

change the terms of the injury-leave provision of the CBA or redefine what is meant

by the terms “injury” and “other disability.” As this court has previously

emphasized, an arbitrator may not create a contract of his own by imposing

additional requirements not expressly provided for in the agreement. Ohio Office

of Collective Bargaining, 59 Ohio St.3d at 183, 572 N.E.2d 71. Nevertheless, this

is precisely what the arbitrator did in this case. By ignoring the plain language of

Section 24.2 and by relying on rules of the city’s Board of Industrial Relations, the

arbitrator went outside the scope of the CBA and unilaterally abrogated the

bargained-for provision.

{¶ 13} In Southwest Ohio Regional Transit Auth., supra, 91 Ohio St.3d 108,

742 N.E.2d 630, we reiterated the point that a CBA is limited to the provisions

bargained for and that an arbitrator may not apply extraneous rules to the

agreement, where those rules were not bargained for and are contrary to the plain

terms of the agreement itself. In SORTA, a union employee was terminated based

upon the employer’s “zero-tolerance” drug policy, which called for automatic

discharge. The union filed a grievance on the employee’s behalf. The arbitrator

found that SORTA’s drug policy conflicted with the terms of the CBA, which

provided that employees could be terminated only with “sufficient cause.” In

upholding the arbitrator’s award, we stated:

{¶ 14} “While SORTA’s drug policy may be facially valid, we find that

SORTA did not have the right to unilaterally adopt automatic termination without

possibility of reinstatement as a sanction for testing positive, because such a

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sanction conflicts with the ‘sufficient-cause’ requirement for dismissal found in

Section 3(b) of the CBA. * * * [A]llowing SORTA to enforce automatic

termination would allow an employer to unilaterally adopt a sanction that conflicts

with the sufficient-cause requirement for dismissal that was negotiated into the

CBA, thereby undermining the integrity of the entire collective bargaining process.

The proper avenue for SORTA to adopt such a sanction would be through the

collective bargaining process, not through a unilateral decision.” (Emphasis sic.)

Id., 91 Ohio St.3d at 108, 742 N.E.2d 630.

{¶ 15} Just as the employer in SORTA attempted to unilaterally adopt a rule

contrary to the terms of the CBA, the city’s rules were applied even though the

definition contained in those rules contravened the plain language of the CBA’s

injury-leave provision. We find that by applying the extraneous definition of

“disability,” the arbitrator imposed an additional requirement on employees seeking

paid injury leave, thereby violating the plain terms expressed in the agreement. As

a result, we conclude that the decision is not rationally derived from the terms of

the agreement and that the arbitrator exceeded his powers.

{¶ 16} Accordingly, for the foregoing reasons, we reverse the judgment of

the court of appeals and vacate the arbitration decision.

Judgment reversed.

MOYER, C.J., DOUGLAS, RESNICK, PFEIFER and LUNDBERG STRATTON, JJ.,

concur.

COOK, J., dissents.

__________________

Thompson, Hine & Flory, L.L.P., William C. Moul and Bonnie I. O’Neil,

for appellant.

Janet E. Jackson, Columbus City Attorney, and Alan P. Varhus, Assistant

City Attorney, for appellee.

__________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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