Summit Cty. Children Services Bd. v. CWA Local 4546

Outcome: Just Cause Standard Upheld

Description: Most collective bargaining agreements require some type of legitimate reason, generally defined as "just cause," before an employee may be disciplined. But what is "just cause" for discipline? Is it what an arbitrator decides it is, or do the courts determine what is meant when a collective bargaining agreement says that an employer may discipline employees only for "just cause." In a unanimous decision, the Ohio Supreme Court held that arbitrators have the authority to determine “just cause” pursuant to collective bargaining agreements. In Communication Workers Of America, Local 4546, v. Summit County Children Services, the Ohio Supreme Court held that an arbitrator, in determining whether there was just cause to discipline an employee, can consider the traditional elements of just cause and can base his award on elements such as whether the degree or severity of discipline was reasonably related to the seriousness of the offense (progressive discipline) and/or the prior work record of the employee. In so ruling, the Court adopted the position of the Ohio Association of Professional Fire Fighters which filed an amicus brief in support of the arbitrator’s award.