When Employers Change the Rules Without You: Protecting Your Union's Rights Against Unilateral Changes

/ Law Offices of Brian J. Smith, ltd/
When Employers Change the Rules Without You: Protecting Your Union's Rights Against Unilateral Changes

Experienced union attorneys who represent Ohio public sector unions regularly encounter situations where well-meaning employers stumble into unfair labor practice charges by making what they consider "minor" changes without bargaining. These unilateral changes can devastate workplace morale, undermine collective bargaining relationships, and most importantly, violate fundamental rights under Ohio law.

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Portable Breath Tests in Ohio: Why the Results Cannot Be Used Against You

/ Law Offices of Brian J. Smith, ltd/
Portable Breath Tests in Ohio: Why the Results Cannot Be Used Against You

When pulled over for suspected drunk driving in Ohio, drivers often encounter a small handheld device that officers ask them to blow into at the roadside. This portable breath test, commonly called a PBT, seems like compelling evidence of intoxication. Yet Ohio law consistently holds that these test results cannot be used in court, creating important protections for drivers that many people do not understand.

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Lack of Work and Ohio Unemployment Benefits: Understanding Your Rights

/ Law Offices of Brian J. Smith, ltd./
Lack of Work and Ohio Unemployment Benefits: Understanding Your Rights

Job loss due to lack of work is one of the most straightforward paths to unemployment benefits in Ohio, yet many workers remain confused about what qualifies as a lack of work separation and how it affects their benefits eligibility. Whether facing a seasonal slowdown, contract completion, or vacation shutdown, understanding these rules can make the difference between receiving benefits and being denied.

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Understanding Standards of Proof in Labor Arbitration: A Critical Issue for Union Representatives

/ Law Offices of Brian J. Smith, ltd/
Understanding Standards of Proof in Labor Arbitration: A Critical Issue for Union Representatives

When defending union members facing discipline or discharge, one of the most fundamental questions we confront in arbitration is what standard of proof the employer must meet to justify their actions. This seemingly technical legal question can make the difference between a member keeping their job or losing their livelihood.

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When Can Police Stop You Based on a Tip? Understanding Ohio's Legal Standards

/ Law Offices of Brian J. Smith, ltd/
When Can Police Stop You Based on a Tip? Understanding Ohio's Legal Standards

Police officers frequently receive tips about suspected criminal activity, from drunk driving to drug dealing. But when does a citizen's call to 911 justify pulling someone over? Ohio law establishes specific requirements that must be met before police can lawfully stop a vehicle based solely on someone else's report. Understanding these standards proves crucial for anyone challenging the legality of a traffic stop.

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Is SERB Fulfilling Its Mission? The Troubling Reality Behind Ohio's Unfair Labor Practice Statistics

/ Law Offices of Brian J. Smith, ltd/
Is SERB Fulfilling Its Mission? The Troubling Reality Behind Ohio's Unfair Labor Practice Statistics

As someone who has spent decades representing Ohio's unions before the State Employment Relations Board, I find myself increasingly concerned about a disturbing trend revealed in SERB's own 2025 Annual Report. Of 203 unfair labor practice charges filed in fiscal year 2025, SERB found probable cause in only 8 cases. That represents a mere 3.9 percent probable cause finding rate, a statistic that should alarm every union member and labor advocate in Ohio.

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Can You Take Back Your Resignation? Understanding Ohio's Rules and Unemployment Benefits Implications

/ Law Offices of Brian J. Smith, ltd/
Can You Take Back Your Resignation? Understanding Ohio's Rules and Unemployment Benefits Implications

Many people have heard stories of someone quitting in the heat of the moment, only to regret it hours or days later. Perhaps an employee submitted a resignation during a particularly stressful day, or reconsidered after learning new information about the workplace. The question becomes: can a resignation be withdrawn? In Ohio, the answer depends significantly on whether the employment is in the public or private sector, and the implications for unemployment benefits can be substantial.

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Defending Workers Against Overreaching Discipline: Off-Duty Misconduct in Labor Arbitrations

/ Law Offices of Brian J. Smith, ltd/
Defending Workers Against Overreaching Discipline: Off-Duty Misconduct in Labor Arbitrations

As union-side labor attorneys, we regularly encounter cases where employers attempt to discipline or terminate employees for conduct that occurs entirely outside the workplace. These off-duty misconduct cases present unique challenges and opportunities for defense, requiring a thorough understanding of both legal standards and arbitral precedent.

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Obstructing Official Business in Ohio: Understanding the Boundaries Between Rights and Violations

/ Law Offices of Brian J. Smith, ltd/
Obstructing Official Business in Ohio: Understanding the Boundaries Between Rights and Violations

Charges of obstructing official business often arise during tense encounters with law enforcement, yet many Ohioans remain unclear about what actions actually violate this statute. Understanding the specific requirements and limitations of Ohio Revised Code § 2921.31 proves essential for anyone facing these charges or seeking to protect their constitutional rights during police interactions.

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Understanding Work Offers While Collecting Ohio Unemployment Benefits: A Comprehensive Guide

/ Law Offices of Brian J. Smith, ltd/
Understanding Work Offers While Collecting Ohio Unemployment Benefits: A Comprehensive Guide

If you're collecting unemployment benefits in Ohio, understanding your obligations regarding work offers is crucial. Refusing a job offer without proper justification can result in losing your benefits entirely. This post breaks down the key aspects of Ohio Revised Code 4141.29(D)(2)(b) and related provisions to help you navigate this complex area.

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Understanding Disorderly Conduct Charges in Ohio: What You Need to Know

/ Law Offices of Brian J. Smith, ltd/
Understanding Disorderly Conduct Charges in Ohio: What You Need to Know

Disorderly conduct remains one of the most frequently charged offenses in Ohio, yet many people misunderstand what actually constitutes this crime. Whether arising from a heated argument, an encounter with law enforcement, or alcohol-related incidents, these charges can have serious consequences that extend beyond the immediate legal penalties.

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Buyouts and Voluntary Separations: When Leaving Gets You Benefits in Ohio

/ Law Offices of Brian J. Smith, ltd/
Buyouts and Voluntary Separations: When Leaving Gets You Benefits in Ohio

Most employees who voluntarily leave their jobs cannot collect unemployment benefits in Ohio. But there's a crucial exception: if you accept a buyout or voluntary separation package offered because of a lack of work, you can still qualify for benefits under R.C. 4141.29(D)(2)(a)(ii). This exception has helped thousands of Ohio workers bridge the gap between a voluntary departure and their next opportunity.

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The Full Arsenal: How SERB's Remedial Powers Can Restore Justice in Your Workplace

/ Law Offices of Brian J. Smith/
The Full Arsenal: How SERB's Remedial Powers Can Restore Justice in Your Workplace

Too often, union representatives celebrate winning an unfair labor practice case only to feel deflated when the employer's only consequence seems to be posting a piece of paper on a bulletin board. What many don't realize is that Ohio's State Employment Relations Board wields extensive remedial powers that extend far beyond the ubiquitous sixty-day posting requirement. Knowing how to seek and enforce these comprehensive remedies transforms paper victories into tangible improvements in workers' lives.

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When Officers Get It Wrong: Mistakes of Fact and Law in Ohio Traffic Stops

/ Law Offices of Brian J. Smith, ltd/
When Officers Get It Wrong: Mistakes of Fact and Law in Ohio Traffic Stops

Police officers make mistakes. Sometimes they misinterpret what they observe, and sometimes they misunderstand the law they enforce. The constitutional implications of these mistakes differ dramatically depending on their nature. While reasonable mistakes of fact may still support valid traffic stops, mistakes of law generally cannot justify even the briefest detention. Understanding this distinction and its consequences provides critical defenses when officers base traffic stops on erroneous beliefs.

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