Ohio Council 8, American Federation of State, County and Municipal Employees, AFL-CIO v. Ohio Dept. of Mental Retardation and Developmental Disabilities, AFL-CIO
Decision Date | 08 February 1984 |
Docket Number | 83-452 and 83-899,AFL-CIO,Nos. 83-217,83-268,s. 83-217 |
Parties | , 9 O.B.R. 388 OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,et al., Appellees, v. OHIO DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Appellants. OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,et al., Appellants, v. OHIO DEPARTMENT OF MENTAL HEALTH et al., Appellees. (Two cases.) OHIO COUNCIL 8, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,et al., Appellants, v. NORTHWEST OHIO DEVELOPMENTAL CENTER et al., Appellees. |
Court | Ohio Supreme Court |
Sandra Mendel, Columbus, for appellees, in case No. 83-217, and for appellants in case Nos. 83-268, 83-452 and 83-899.
Anthony J. Celebrezze, Jr., Atty. Gen., B. Douglas Anderson, Asst. Atty. Gen., for appellants in case No. 83-217, and for appellees in case Nos. 83-268, 83-452 and 83-899.
The issue presented for review is whether the mediation provisions of the collective bargaining agreements between Ohio Council 8 and the state agencies are subject to the arbitration confirmation procedure set forth in R.C. Chapter 2711.
R.C. 2711.01 provides in pertinent part:
"A provision in any written contract * * * to settle by arbitration a controversy thereafter arising out of such contract * * * or any agreement in writing between two or more persons to submit to arbitration any controversy * * * shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (Emphasis added.)
R.C. 2711.09 provides, in part, as follows:
"At any time within one year after an award in an arbitration proceeding is made, any party to the arbitration may apply to the court of common pleas for an order confirming the award. * * * " (Emphasis added.)
The state agencies collectively contend that a court of common pleas does not have subject matter jurisdiction to review or confirm a third party's recommendation for resolution of a labor grievance under the subject agreement, since the agreement refers to "mediation" and an "advisory report," whereas R.C. 2711.01 et seq. only provides for review of awards made in arbitration.
Conversely, Ohio Council 8 maintains there is no legal distinction between the term "mediation," as referenced in the aforementioned contractual provisions, and "arbitration" as contained in R.C. Chapter 2711. As such, Ohio Council 8 labels the state agencies' argument semantical and contends that the agreement is enforceable under R.C. Chapter 2711. We disagree and conclude, based upon an examination of various definitions, case law and treatises on commercial arbitration, that mediation and arbitration represent separate and distinct means of attempting to resolve grievances.
For example, Webster's Third New International Dictionary (1966) defines "arbitration" as the " * * * hearing and determining of a case between parties in controversy by a person or persons chosen by the parties * * * instead of by a judicial tribunal * * *." (Emphasis added.) On the other hand, "mediation" is defined therein as " * * * intervention between conflicting parties or viewpoints to promote reconciliation, settlement, compromise, or understanding * * *." (Emphasis added.)
This distinction, between submission of a controversy for determination and submission of a controversy to promote reconciliation, was recognized over a century ago by the United States Supreme Court in Gordon v. United States (1868), 74 U.S. (7 Wall.) 188, 19 L.Ed. 35. Therein, the court stated that "[i]n order to clothe a person with the authority of an arbitrator, the parties must mutually agree to be bound by the decision of the person chosen to determine the matter in controversy." Id. at 194. Accord Matter of Riverdale Fabrics Corp. (Tillinghast-Stiles Co.) (1954), 306 N.Y. 288, 118 N.E.2d 104.
Additionally, in District of Columbia v. Bailey (1898), 171 U.S. 161, 171, the court, quoting from the Supreme Court of New Hampshire in Whitcher v. Whitcher (1870), 49 N.H. 176, 180, stated:
" 'A submission [to arbitration] is a contract between two or more parties, whereby they agree to refer the subject in dispute to others and to be bound by their award, and the submission itself implies an agreement to abide the result, even if no such agreement were expressed.' "
Finally, in his treatise on commercial arbitration, 2 Professor Martin Domke discusses the terms "mediation" and "arbitration," as follows:
" (Citing Moore, 7 Digest of International Law [1906] 25.)
Notwithstanding the argument advanced by Ohio Council 8, it is clear that the terms "mediation" and "arbitration" are not functionally equivalent, but represent different methods with which to attempt to resolve grievances. R.C. Chapter 2711 only vests jurisdiction in the courts of common pleas to confirm awards made in arbitration proceedings. However, the proceedings which Ohio Council 8 and its members seek to enforce do not stem from arbitration. Instead, the proceedings can best be described as mediatory. An examination of...
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