Youghiogheny & Ohio Coal Company v. Oszust (1986), 23 Ohio St.3d 39. An arbitrator's decision, while it may be final as to the validity of a discharge for purposes of a collective bargaining agreement, cannot take into consideration the employee's eligibility for unemployment compensation; the arbitrator has no authority to invoke the state's unemployment compensation laws, regardless of the similarity of contractual language found within the substantive provisions of the statutes.

Davis v. Hocking County Sheriff (1992), 76 Ohio App.3d 843; cert denied 64 Ohio St.3d 1432. Statute which withdraws jurisdiction of the state personnel board of review to hear an appeal by classified civil service employee is applicable only when there is a collective bargaining agreement providing for mandatory final and binding arbitration of grievances; when agreement provides that employee has the right to pursue all remedies provided by law instead of following the grievance procedure in the agreement, the board has jurisdiction to hear an appeal. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order

Knox County Sheriff v. Brokaw (June 27, 1994), Knox App. No. 94-CA-0001, unreported, 1994 WL 313804. R.C. ' 4117.14(D)(1) mandates that emergency personnel listed therein must continue to abide by the terms of an expired collective bargaining agreement until the matter of a successor collective bargaining agreement is resolved; where the expired collective bargaining agreement provided for a binding arbitration procedure, the state personnel board of review is deprived of jurisdiction. View SPBR Order

Repasky v. Youngstown State University (July 26, 1993), Mahoning App. No. 92-CA-103, unreported, 1993 WL 291362. A provision of a collective bargaining agreement which allows appellee to elect between reclassifying appellant or removing duties that do not properly fall within appellant's classification does not divest the state personnel board of review of jurisdiction to consider any reclassification where the agreement itself specifically takes the question of reclassification out of the grievance procedure and incorporates R.C. Ch. 124. into the agreement.

In re Cheryl Lemley-Wingo (Aug. 22, 1990), Ross App. No. 1622, unreported, 1990 WL 127040. Where none of the specified exceptions set forth in R.C. 4117.10(A) are applicable, the provisions of the collective bargaining agreement providing for final and binding arbitration of grievances with no appeal rights to the state personnel board of review are controlling. View Court of Appeals Decision

Biggers v. Columbus City School District (July 31, 1990), Franklin App. No. 89AP-1341, unreported, 1990 WL 107444. Civil service commission did not have jurisdiction to consider propriety of discharge, where determination would have involved the construction of contractual provision, when the affected employee was covered by a collective bargaining agreement that provides for arbitration. View Court of Appeals Decision

Albright v. Jackson (May 15, 1990), Franklin App. No. 89AP-1215, unreported, 1990 WL 63041. Courts do not have jurisdiction to consider job abolishments where the affected employees are covered by a collective bargaining agreement that provides for binding arbitration. View Court of Appeals Decision

Monico v. Girard Board of Education (Dec. 7, 1987), Trumbull App. No. 3716, unreported, 1987 WL 26711. The state personnel board of review or civil service commissions are not deprived of jurisdiction over matters which are not the subject of a final and binding grievance procedure contained in a collective bargaining agreement. View Court of Appeals Decision

Keesy v. Ohio Bureau of Worker's Compensation (May 22, 1995), Franklin Co., No. 92CVF11-9117, unreported. Where appellant voluntarily accepted employment in a classification which was under a collective bargaining agreement and was subsequently involuntarily transferred to another position, appellant's remedy is limited to R.C. Ch. 4117., and the provisions of the agreement; the state personnel board of review has no authority to review the transfer. View Common Pleas Decision | View SPBR Order

Clark v. Ohio Dept. of Rehabilitation and Correction (Nov. 21, 1994), Franklin Co., No. 94CVF-06-3997, unreported. A collective bargaining agreement which provides for final and binding arbitration of grievances may bargain away employees' rights to grieve or to appeal their removal to the state personnel board of review. View Common Pleas Decision

Hughes v. Ohio Lottery Commission (Aug. 14, 1992), Cuyahoga Co., No. 231731, unreported. The state personnel board of review may hear an appeal pursuant to R.C. 4117.10(A) where an employee otherwise covered by a collective bargaining agreement cannot, by the agreement's terms, avail herself of the final and binding grievance procedure and where the appeal does not relate to a matter that was the subject of a final and binding grievance procedure. View Common Pleas Decision | View SPBR Order