Opinion

State ex rel. Johnson v. Cleveland Heights/University Heights School District Board of Education

  • 73 Ohio St. 3d 189
Court
Ohio Supreme Court
Filed
Aug 16, 1995
Status
Published
Author
Douglas
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
Cited by
12 cases
Authority
More cited than 15.2%

The opinion

Douglas, J.,

concurring. While I concur in the opinion and judgment of the majority, I write separately to object to our using the word “binding” in connection with the word “arbitration.” “Arbitration” contemplates an unappealable decision (except on limited statutory grounds) by an independent neutral *194 arbiter whose decision is final — and thus “binding.” Thus, “binding arbitration” is a redundancy, and by its use signifies that there is some procedure which is known as “ttcmbinding arbitration” — which, of course, there is not. See Schaefer v. Allstate Ins. Co. (1992), 63 Ohio St.3d 708, 711 , 590 N.E.2d 1242, 1245 .

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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