Dayton City School Dist. Bd. of Edn. v. Dayton Edn. Assn.

{¶ 76} I concur in the well-reasoned, comprehensive majority opinion. I write separately to explain my thoughts concerning why the arbitrator's decision, though, in my opinion, flawed, involves a necessary CBA interpretation, with this conclusion leading to the ultimate conclusion that the arbitrator did not exceed his authority.

{¶ 77} This determination is difficult because the arbitrator concluded, and, on appeal, the DEA agrees, that the Board's conduction of the dependent verification audit was, under R.C. 4117.08(C) and the CBA, a reserved right. The Board, from this, asserts that the…