City of Cleveland v. Fraternal Order of Police, Lodge No. 8

I respectfully dissent from the majority’s affirmance. I would reverse the judgment of the trial court and reinstate the Cleveland Public Safety Director’s discharge of Captain Lynch pursuant to R.C. 2711.10(D) and App.R. 12(B).

The majority neglects its statutory obligation to review the arbitration award reinstating Captain Lynch sub judice under the guise of declining to consider the “merits” of the award. However, Ohio law authorizes confirming an award only when it draws its essence from the parties’ collective bargaining agreement and the arbitrator did not exceed the scope of his powers…