Summit Cty. Children's Service Bd. v. Local No. 4546, Communications Workers of America

In Summit Cty. Children's Service Bd. v. Local No. 4546, Communications Workers of America, Summit App. No. 21184, 2003 Ohio 726, the union filed a grievance on behalf of former employees who were allegedly due a retroactive pay increase under a collective bargaining agreement. After an arbitrator awarded the pay increase, the employer appealed, claiming that the arbitrator lacked subject-matter jurisdiction, because the former employees were no longer "bargaining unit members" under the agreement, and neither the union nor the employees had standing to file grievances on behalf of the former employees. Id. at P 18. The Ninth District Court of Appeals concluded that the arbitrator did not act unlawfully or capriciously in concluding that he possessed subject-matter jurisdiction. Id. at P 21. In this regard, the arbitrator's finding was that: "'The grievance is based on the contention that entitlement under the collective bargaining agreement relates back to the time when the individuals had the status of bargaining unit employees, and it therefore arises out of the relationship, and out of the collective bargaining agreement.'" Id. at P 21.