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[Cite as Meyer v. United Parcel Serv., Inc., 122 Ohio St.3d 104, 2009-Ohio-2463.] - page 21 / 23





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January Term, 2009

IV. Conclusion {¶ 56} We hold that an age-discrimination claim brought pursuant to R.C. 4112.99 is subject to the substantive provisions of R.C. 4112.02 and 4112.14, including R.C. 4112.14(C). We also hold that pursuant to R.C. 4112.14(C), when the discharge of an employee has been arbitrated and the discharge has been found to be for just cause, the discharged employee is barred from pursuing an action for age discrimination. We reverse the judgment of the court of appeals regarding Meyer’s claim of age discrimination upon our determination that recovery on that claim is barred by R.C. 4112.14(C). This cause is remanded to the trial court for further proceedings on Meyer’s claim that he was wrongfully discharged in violation of R.C. 4123.90 in retaliation for filing workers’ compensation claims.

Judgment reversed and cause remanded. MOYER, C.J., and LUNDBERG STRATTON, O’CONNOR, O’DONNELL, and LANZINGER, JJ., concur. PFEIFER, J., dissents.

__________________ PFEIFER, J., dissenting. {¶ 57} Although otherwise extraordinarily precise, the majority opinion is remarkably loose in describing R.C. 4112.99 as a “gap filler.” Majority opinion, ¶ 29. Surely if the General Assembly has intended R.C. 4112.99 “to function as a gap filler,” it would have said so. It did not, and I see no reason for this court to depart from common rules of statutory interpretation and add those words to the statute. See Bernardini v. Conneaut Area City School Dist. Bd. of Edn. (1979), 58 Ohio St.2d 1, 4, 12 O.O.3d 1, 387 N.E.2d 1222, quoting Columbus-Suburban Coach Lines, Inc. v. Pub. Util. Comm. (1969), 20 Ohio St.2d 125, 127, 49 O.O.2d 445, 254 N.E.2d 8 (“ ‘It is the duty of this court to give effect to the words used


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