Union members facing disputes within their own organizations often want immediate relief from the State Employment Relations Board. However, Ohio law requires a crucial preliminary step that many overlook: exhausting all available internal union remedies before SERB will consider certain unfair labor practice charges. Understanding this requirement and navigating it properly can determine whether a member's complaint ever receives a hearing on its merits.

Union organizing campaigns represent a critical moment when workers exercise their fundamental rights under Ohio law. Yet during these pivotal times, employers often engage in subtle and not so subtle tactics designed to undermine organizing efforts. Understanding these illegal interference tactics and knowing how to respond can mean the difference between a successful campaign and a defeated workforce.

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.

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.

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.

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.