Cox v. Dayton Pub. Schools Bd. of Edn. (Slip Opinion)

2016 Ohio 5505, 64 N.E.3d 977, 147 Ohio St. 3d 298
CourtOhio Supreme Court
DecidedAugust 25, 2016
Docket2015-0494
StatusPublished
Cited by13 cases

This text of 2016 Ohio 5505 (Cox v. Dayton Pub. Schools Bd. of Edn. (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cox v. Dayton Pub. Schools Bd. of Edn. (Slip Opinion), 2016 Ohio 5505, 64 N.E.3d 977, 147 Ohio St. 3d 298 (Ohio 2016).

Opinions

O’Neill, J.

{¶ 1} In this discretionary appeal, we consider the requirements for invoking the jurisdiction of a court of common pleas to vacate, modify, or correct an arbitration award under R.C. 2711.13. On March 10, 2014, appellee, Georgia B. Cox, filed a motion to vacate, modify, or correct an arbitration award finding that there was just cause for her termination. The arbitration award was handed down on December 10, 2013. At the heart of this case is the question whether Cox timely served notice of her motion on the opposing party, her former employer, appellant, Dayton Public Schools Board of Education (“the BOE”). The BOE asks us to adopt the following proposition of law: “Notice of a petition seeking the vacation or modification of an arbitration award pursuant to R.C. Chapter 2711 must be received by the adverse party or its attorney within the statutory three month period contained in R.C. 2711.13.” For the following reasons, we reject this proposition of law and affirm the judgment of the Second District Court of Appeals.

Facts and Procedural History

{¶ 2} Cox was an intervention specialist assigned to teach students in the special-education unit at Meadowdale High School, a facility in the Dayton public school system. She was dismissed from the school campus and placed on administrative leave after allegedly hitting a student who had multiple physical and mental disabilities.1 After a hearing on the incident, the BOE served Cox with a notice of intent to terminate her contract. The matter was submitted to arbitration in accordance with the labor agreement between the BOE and the Dayton Education Association (“the DEA”), the union representing Cox.

{¶ 3} The arbitrator conducted a hearing with Cox, the attorney for the DEA, and the attorney for the BOE present. On December 10, 2013, the arbitrator issued a decision finding just cause for terminating Cox. The arbitrator e-mailed a copy of the decision to the attorneys for the BOE and the DEA on December 10, [300]*3002013, but Cox was not included as a recipient of the e-mail. On December 18, 2013, the BOE passed a formal resolution adopting the arbitrator’s decision and directing Cox to be served with a copy of the order by certified mail. There is no evidence in the record establishing when Cox actually received a copy of the arbitrator’s decision or who sent it. Cox explained at oral argument that she received a copy by e-mail from some person other than the arbitrator, the BOE, or the DEA.

{¶ 4} Cox filed a motion in the Montgomery County Common Pleas Court to vacate, modify, or correct the arbitration decision on March 10, 2014. At that time, she requested that the clerk of courts serve the BOE, and the court’s docket indicates that a copy of the motion was sent to the BOE by certified mail that day. The BOE received that copy of the motion on March 12, 2014. The BOE submitted a date-stamped envelope showing that Cox sent a second copy of the motion to the attorney for the BOE by certified mail on March 11, 2014. The second copy was received on March 13, 2014.

{¶ 5} The BOE responded with a motion to dismiss, arguing that Cox did not have standing to challenge the arbitrator’s decision and that her motion was not filed within the three-month period required by R.C. 2711.13. The trial court granted the motion to dismiss, agreeing with the BOE that Cox lacked standing. The trial court also determined that it lacked jurisdiction to hear the matter because the BOE had not actually received a copy of the motion before expiration of the three-month time for serving notice and therefore Cox had not complied with the service requirements in R.C. 2711.13. Cox appealed from the dismissal order, and the Second District Court of Appeals reversed the trial court on the issues of both standing and jurisdiction. The BOE appealed, and we now address the BOE’s proposition of law regarding the jurisdiction of the trial court.2

Analysis

{¶ 6} Cox is representing herself in this matter. We have consistently held that pro se litigants must be treated the same as litigants who are represented by counsel. In re Application of Black Fork Wind Energy, L.L.C., 138 Ohio St.3d 43, 2013-Ohio-5478, 3 N.E.3d 173, ¶ 22. The dissenting opinion suggests that the majority interprets the law in Cox’s favor because she is representing herself. However, this opinion is based solely on the application of the law to the facts, and the holding applies equally to all litigants, whether they represent themselves or are represented by counsel.

[301]*301{¶ 7} The BOE asks us to hold that R.C. 2711.13 requires that the notice of a motion challenging an arbitration award in a court of common pleas must be received by the adverse party or its attorney within the three-month period prescribed by the statute. Cox urges the court not to require actual receipt within that period under R.C. 2711.13. We note that the BOE demands timely actual receipt of Cox’s motion challenging the arbitrator’s decision and also asserts that the time to file and serve the motion began to run on the day the decision was emailed by the arbitrator to all interested parties except Cox, the aggrieved employee.

{¶ 8} But to this day, the BOE has not shown which day Cox was served a copy of the decision from which she seeks relief. It is truly unfair to demand that a litigant comply "with a statute’s service requirements while ignoring the fact that the opposing party has not proved when the litigant was served a copy of the document that triggered the start of the clock on the service requirement. Nevertheless, as explained below, even accepting as true the BOE’s assertion that the award was delivered on December 10, 2013, Cox’s notice was timely filed and served.

{¶ 9} We apply a statute “as written” if the “meaning is clear and unambiguous.” Chesapeake Exploration, L.L.C. v. Buell, 144 Ohio St.3d 490, 2015-Ohio-4551, 45 N.E.3d 185, ¶ 40. R.C. 2711.13 states:

Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is delivered to the parties in interest, as prescribed by law for service of notice of a motion in an action.

(Emphasis added.)

{¶ 10} There is nothing unclear or ambiguous about this provision. To apply this statute, a court must first answer two questions: (1) on what day was the arbitrator’s decision “delivered to the parties in interest” and (2) on what day was the motion to vacate, modify, or correct the arbitrator’s decision “served upon the adverse party or his attorney * * * as prescribed by law for service of notice of a motion in an action”? R.C. 2711.13. Having determined these dates, a court must then determine whether the service date occurred “within three months after” the delivery date. If not, then the notice was not timely served. We now apply R.C. 2711.13 to the case before us.

Delivery

{¶ 11} The three-month period under R.C. 2711.13 starts when the arbitration award is “delivered to the parties in interest.” The BOE and Cox disagree about [302]*302when the arbitration award was delivered in this case. The BOE argues that the date Cox received the award is immaterial and that the delivery day is the day the arbitrator transmitted the award, December 10, 2013.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 Ohio 5505, 64 N.E.3d 977, 147 Ohio St. 3d 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-dayton-pub-schools-bd-of-edn-slip-opinion-ohio-2016.