Stow Firefighters, IAFF Local 1662 v. City of Stow

2011 Ohio 1559, 951 N.E.2d 152, 193 Ohio App. 3d 148
CourtOhio Court of Appeals
DecidedMarch 31, 2011
Docket25209
StatusPublished
Cited by7 cases

This text of 2011 Ohio 1559 (Stow Firefighters, IAFF Local 1662 v. City of Stow) 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
Stow Firefighters, IAFF Local 1662 v. City of Stow, 2011 Ohio 1559, 951 N.E.2d 152, 193 Ohio App. 3d 148 (Ohio Ct. App. 2011).

Opinions

Dickinson, Presiding Judge.

INTRODUCTION

{¶ 1} The city of Stow suspended Rod Yoder, a member of the city’s fire department, for three days for allegedly harassing and acting discourteously, disrespectfully, and unprofessionally toward a member of the city’s parks department and for supposedly being insubordinate and dishonest during an investigation of that alleged misconduct. At the same time it suspended him, it ordered him to submit to a fitness-for-duty evaluation by a specific psychologist and placed him on involuntary paid leave pending that evaluation. Following the fitness-for-duty evaluation, the city continued him on involuntary leave, but changed it to unpaid leave, and told him he could not return to work until the psychologist released him for duty. At the conclusion of the unpaid leave, it discharged him because his leave had expired and the psychologist had not released him for duty.

2} While Yoder was on paid leave, his collective-bargaining representative, Local 1662 of the International Association of Firefighters, filed a grievance on his behalf, challenging the suspension, the order that he submit to a fitness-for-duty evaluation, and the involuntary leave. After the union filed that grievance, but before the arbitrator heard it, the city placed Yoder on unpaid leave. He reached the end of his unpaid leave and the city discharged him after the arbitrator heard the grievance, but before he issued his opinion. The union filed [151]*151a second grievance challenging the discharge. This opinion addresses the first grievance. The second grievance is addressed in an opinion in a companion case, Stow Firefighters, IAFF Local 1662 v. Stow, Case No. 25090, 2011-Ohio-1558, 2011 WL 1197657, which is also being filed today.

{¶ 3} The arbitrator who heard the first grievance reduced Yoder’s three-day suspension to one day, determined that the city had reasonable cause for ordering him to submit to the fitness-for-duty evaluation, determined that the city had acted unreasonably by placing him on paid leave pending the fitness-for-duty evaluation, determined that the fitness-for-duty evaluation itself was tainted and, therefore, void, and directed the city to reinstate him with full back pay and benefits. The union applied to the Summit County Common Pleas Court for an order confirming the arbitration award, and the city applied to that same court for an order vacating, modifying, or correcting the award. Although the city did not challenge the arbitrator’s reduction of Yoder’s three-day suspension to one day, it did challenge the other aspects of his opinion and award, arguing that he had exceeded his authority.

{¶ 4} The common pleas court determined that the arbitrator had not exceeded his authority or jurisdiction by addressing the order that Yoder submit to the fitness-for-duty evaluation or the city’s placing him on paid leave pending that evaluation. It, therefore, affirmed the parts of the opinion and award that dealt with those matters. It further determined, however, that the fitness-for-duty evaluation itself and Yoder’s unpaid leave following that evaluation were not properly before the arbitrator and vacated the parts of the opinion and award dealing with those matters, along with the order that the city reinstate Yoder with back pay and benefits. The union appealed, and the city cross-appealed. This court reverses the trial court’s judgment because the arbitrator’s determination that the union’s grievance was arbitrable did not draw its essence from the collective-bargaining agreement and the trial court, therefore, should have vacated the entire arbitration award as requested.

BACKGROUND

{¶ 5} The parties agree that Yoder made a sarcastic comment to a parks department employee, Neil Winnen, about some safety-town buildings that Winnen was helping to move into the fire station where Yoder was working. After someone complained of harassment, the Stow fire chief, William Kalbaugh, opened an investigation into the incident. Chief Kalbaugh talked to the park employees and the firefighters who had been present at the time of the incident. Chief Kalbaugh concluded that Yoder and two other firefighters were lying about what had happened. As a result, he suspended all three for three days. At the same time that Chief Kalbaugh informed Yoder of his three-day suspension, the [152]*152chief also notified him that he was being placed on involuntary paid leave pending the results of a fitness-for-duty evaluation to be conducted by Dr. Alfred Grzegorek. The union filed a grievance on behalf of the firefighters. Yoder’s grievance proceeded separately and is the only grievance at issue in this appeal.

{¶ 6} After notifying Yoder about the evaluation, the chief continued gathering collateral information from other firefighters about other alleged incidents Yoder had been involved in over the years. In preparation for the evaluation, the chief disclosed the information to Dr. Grzegorek, but refused to share it with Yoder or the union. On the first day of the arbitration hearing, the city was required to disclose the information in response to a subpoena duces tecum.

THE ARBITRATION

{¶ 7} The union filed the grievance on Yoder’s behalf, using a preprinted grievance form. On the part of the form captioned “Alleged Contract Violation,” it wrote: “Article XII, and all other applicable Articles of Collective Bargaining Agreement.” Article XII deals with disciplinary procedure and, among other things, provides that “[discipline shall be imposed only for just cause.”

{¶ 8} On the part of the form captioned “Brief Description of Violation,” it wrote, in part, that Chief Kalbaugh had suspended Yoder for three days without pay “stemming from a complaint filed by a City Parks Department employee against Firefighter Yoder and Chief Kalbaugh’s investigation of the complaint” and “Chief Kalbaugh has also placed Firefighter Yoder on Administrative Leave and ordered him to undergo a fitness for duty examination.” In that same part, after reciting that the chief had alleged that Yoder had harassed Winnen and had been untruthful and evasive during the chiefs investigation, it asserted that the chiefs allegations “are without basis, and are the result of a biased, unfair investigation engineered to support the charges against Firefighter Yoder,” and that “Firefighter Yoder did not harass Winnen, nor was he untruthful or evasive in responding to Winnen’s allegations.” The union concluded the “Brief Description” by asserting that Yoder was “denied a fair and impartial investigation of the claims against [him].” The union completed the part of the form captioned “Remedy Requested” by asking that Yoder’s three-day suspension be rescinded, that he be compensated for any wages or benefits lost because of the suspension, that he be compensated for any wages or benefits lost “as a result of being taken off shift and subjected to a fitness for duty examination by a psychologist; that all records relating to the discipline be expunged; and any other remedies deemed equitable.”

{19} An arbitrator chosen by the city and the union conducted a four-day hearing spread over four months. He heard testimony from 16 witnesses and issued a 74-page opinion and award. In that opinion and award, he listed three [153]*153issues. The first, he described as the stipulated issue: “1. Did the Employer have just cause to discipline grievant Rod Yoder? If not, what shall be the remedy?” The other two, he described as issues also presented by the evidence: “2.

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Bluebook (online)
2011 Ohio 1559, 951 N.E.2d 152, 193 Ohio App. 3d 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stow-firefighters-iaff-local-1662-v-city-of-stow-ohioctapp-2011.