Corbin v. Kelly Plating Co.

931 N.E.2d 204, 187 Ohio App. 3d 129
CourtOhio Court of Appeals
DecidedApril 22, 2010
DocketNo. 93552
StatusPublished
Cited by2 cases

This text of 931 N.E.2d 204 (Corbin v. Kelly Plating Co.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corbin v. Kelly Plating Co., 931 N.E.2d 204, 187 Ohio App. 3d 129 (Ohio Ct. App. 2010).

Opinions

Frank D. Celebrezze, Jr., Judge.

{¶ 1} In a case of first impression, plaintiff-appellant, Joe L. Corbin, appeals the denial of his motion for attorney fees in a Fair Labor Standards Act (“FLSA”) suit brought against defendants-appellees, the Kelly Plating Company (“Kelly Plating”) and its owner, James Kelly.1 We are compelled to balance important policy considerations in reaching a decision in this matter. On the one hand, the Ohio and United States legislatures have evidenced a desire to facilitate the vindication of the rights of individuals in being paid fairly with the bestowal of an award of attorney fees to a successful employee-plaintiff. On the other, the usefulness of a system of court-annexed arbitration designed to provide a less costly and more expedient avenue for parties to resolve their disputes will operate effectively only if the arbitration panel can dispose of all claims before it. After a thorough review of the record and pertinent case law, we affirm the decision of the trial court denying appellant’s motion for attorney fees.

{¶ 2} Corbin was working for Kelly Plating, at least part of the time in a supervisory capacity. When working in this capacity, he received increased pay. He sometimes worked third shift, for which he also received increased pay. In calculating overtime, Kelly Plating did not factor in these increases in pay. Because of this oversight, Corbin contacted an attorney and filed suit for breach of federal and state wage and employment law on January 15, 2008, seeking back wages, liquidated damages, and attorney fees.2

[132]*132{¶ 3} Appellees filed an answer and counterclaim alleging that appellant consistently left 15 minutes early and that he owed them various fees for uniforms and union dues.

{¶ 4} On June 27, 2008, after all discovery was complete, the trial court ordered the case to proceed through court-annexed arbitration pursuant to Loc.R. 29 of the Court of Common Pleas of Cuyahoga County, General Division. The parties submitted their claims to the arbitration panel assigned to this case. This panel conducted various hearings and ultimately, on September 11, 2008, arrived at a decision in which it awarded appellant $1,600 in back wages and appellees $500 on their counterclaim, with a net award of $1,100 to appellant. The trial court entered the arbitration panel’s decision 32 days later on November 13, 2008, making it final.

{¶ 5} On November 17, 2008, appellant submitted a motion to the trial court for attorney fees in the amount of $13,937.50, and the motion was denied. The trial court determined that attorney fees were not requested in the arbitration proceeding where the arbitrators had jurisdiction and authority to award such fees. The trial court concluded that the arbitration panel was in the best position to determine the reasonableness of attorney fees and that no part of appellant’s claim was excepted from the arbitration process. Appellant then filed a timely notice of appeal.

I. Assignment of Error

{¶ 6} Appellant cites one assignment of error for our review, claiming that “[t]he trial court erred when it denied Plaintiff/Appellant’s Application for Attorney’s Fees when the application was filed four days after judgment was entered pursuant to law.”

II. Standard of Review

{¶ 7} The parties differ as to what standard of review should apply in this case. Appellees argue that the decision of a trial court to award attorney fees is reviewed under an abuse-of-discretion standard. Appellant argues that although that may be the general rule, in this case, that analysis was never reached because the trial court ruled that as a matter of law, attorney fees were not appropriate due to procedural issues.

{¶ 8} “Because this issue requires the interpretation of statutory authority, which is a question of law, our review is de novo.” State v. Consilio, 114 Ohio St.3d 295, 2007-Ohio-4163, 871 N.E.2d 1167, ¶ 8, citing Brennaman v. R.M.I. Co. (1994), 70 Ohio St.3d 460, 466, 639 N.E.2d 425 (holding that “[construction of a statute is not a question of fact but a question of law”).

[133]*133III. Federal and State Law Entitlement to Attorney Fees

{¶ 9} Generally, a trial court has discretion to award attorney fees only in certain circumstances. One such instance is when attorney fees are specifically authorized by statute. The FLSA provides for liquidated damages and reasonable attorney fees to be paid by a defendant in addition to any judgment awarded to a plaintiff. Section 216(b), Title 29, U.S.Code. Similarly, R.C. 4111.10 allows for the recovery of costs and attorney fees to a prevailing employee. Under both of these statutory provisions, appellant is entitled to attorney fees as a prevailing party in the arbitral proceeding.

{¶ 10} The Sixth Circuit found that a statutory grant of attorney fees constitutes a “tool utilized by Congress to encourage the vindication of congressionally identified policies and rights, as well as to enable the plaintiff to obtain damages without expense for legal assistance.” United Slate, Tile & Composition Roofers, Damp & Waterproof Workers Assn., Local 307 v. G & M Roofing & Sheet Metal Co., Inc. (1984), 732 F.2d 495, 503. However, this important policy goal must be analyzed in conjunction with the ability of a trial court to rely on the system of court-annexed arbitration established in Ohio.

IV. Mandatory Arbitration

{¶ 11} In order to provide a less costly and more expedient route to resolve certain disputes, many states gave their courts the ability to enact arbitration rules that could force parties to try to resolve their disputes through mandatory, nonbinding arbitration.3 See Edwards, Alternative Dispute Resolution: Panacea or Anathema? (1986), 99 Harv.L.Rev. 668. The Ohio Supreme Court, in its Rules of Superintendence, authorized lower courts to enact such local rules. Sup.R. 15. Loc.R. 29 is the embodiment of that provision for common pleas courts in Cuyahoga County. This rule establishes a system of arbitration where “[t]he report and award [of the arbitration panel], unless appealed, shall be final and shall have the attributes and legal effect of a verdict. If no appeal is taken within the time and in the manner specified, the Court shall enter judgment. After entry of judgment, execution process may be issued as in the case of other judgments.” Id. at Part VI(B). Before the decision of the arbitration panel becomes final, “[a]ny party may appeal from the action of the Arbitration Panel to the Common Pleas Court of Cuyahoga County. * * * The filing of a single appeal shall be sufficient to require a de novo trial of the entire case on all issues and as to all parties * * Id. at Part VII(A)(1).

{¶ 12} The arbitration panel has “the general powers of a Court * * including the power “to decide the law and the facts of the case submitted to it.” [134]*134Id. at Part V(C)(2). Therefore, any claim submitted by the parties to the arbitration panel is within the jurisdiction of the panel to decide. See Miller v. Gunckle, 96 Ohio St.3d 359, 2002-Ohio-4932, 775 N.E.2d 475

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Cite This Page — Counsel Stack

Bluebook (online)
931 N.E.2d 204, 187 Ohio App. 3d 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbin-v-kelly-plating-co-ohioctapp-2010.