Following the Court's decision, the City offered to reinstate grievant without back pay, an offer grievant and his union refused. The grievance was presented to an arbitrator in two stages. In the first the Arbitrator concluded that the termination was without just cause and ordered that grievant be reinstated and made whole for lost earnings. In a second hearing the Arbitrator determined the amount of back pay due was $251,421.01. The arbitrator concluded that had grievant provided better proof and documentation he was undoubtedly entitled to more.
The City filed an action to modify or vacate the back pay award. It challenged the award (unsuccessfully) on several grounds. One of the bases for the City's challenge was its claim that the award violated public policy. This public policy argument was premised on the City's claim that grievant had let his firefighter certification lapse for some period following his termination. The lower court, and now the Court of Appeals of Ohio, rebuffed this effort. The Court of Appeals noted:
The Court noted that testimony about grievant's duty to mitigate his damages and the circumstances under which he had let his certification expire had been presented to the arbitrator. The arbitrator, however, viewing the circumstances together with the "questionable legality" of the City's actions, determined back pay was warranted.
In a decision here the Court affirmed the judgment of the lower court enforcing the award.