When Does SERB Step Back? Understanding Deferral to Grievance and Arbitration in Ohio Public Sector Labor Relations

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When Does SERB Step Back? Understanding Deferral to Grievance and Arbitration in Ohio Public Sector Labor Relations

As an experienced Ohio labor union attorney, one of the critical areas of practice involves navigating disputes that arise under collective bargaining agreements. A cornerstone of most CBAs is the establishment of a grievance and arbitration procedure designed to resolve these disagreements. However, a frequent question that arises is: when does the State Employment Relations Board (SERB) defer to these contractual mechanisms, and when will it assert its own jurisdiction over alleged unfair labor practices (ULPs) that might also have a contractual dimension? This blog post aims to provide clarity on this crucial aspect of Ohio public sector labor law.

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The HGN Test: A Critical Examination of Its Reliability in DUI Cases

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The HGN Test: A Critical Examination of Its Reliability in DUI Cases

The Horizontal Gaze Nystagmus (HGN) test has become a cornerstone of DUI enforcement, yet its scientific validity and practical application deserve careful scrutiny. While law enforcement presents this test as objective evidence of impairment, numerous issues undermine its reliability as a definitive indicator of intoxication.

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Religious Freedom and Ohio Unemployment Benefits: What You Need to Know

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Religious Freedom and Ohio Unemployment Benefits: What You Need to Know

When it comes to unemployment benefits in Ohio, your religious beliefs can play a crucial role in determining your eligibility – even if those beliefs prevent you from accepting certain work or following employer policies. Understanding how religious freedom intersects with unemployment law can make the difference between qualifying for benefits or facing denial.

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Understanding When Subcontracting Becomes an Ohio Unfair Labor Practice

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Understanding When Subcontracting Becomes an Ohio Unfair Labor Practice

As union members, we stand together to protect our livelihoods, our working conditions, and the integrity of our collective bargaining agreements. One of the challenges we sometimes face is the prospect of our employers subcontracting our work to outside entities. While employers may claim this is for efficiency or cost savings, it can have a devastating impact on our jobs and our union's strength. It's crucial for us to understand that under Ohio law, specifically Ohio Revised Code (ORC) Chapter 4117, certain subcontracting actions by public employers can be illegal unfair labor practices (ULPs). This post will delve into when subcontracting crosses the line and what rights we have as union members in these situations.

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When Traffic Stops Go Wrong: What Happens When the Initial Reason Is Dispelled

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When Traffic Stops Go Wrong: What Happens When the Initial Reason Is Dispelled

We've all seen it happen: a police officer pulls someone over for what they believe is a violation, only to discover upon approach that no violation actually occurred. What should happen next? Ohio law provides clear guidance on this important issue.

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Understanding Just Cause in Ohio Unemployment Cases: Why Your Employer's Reason for Termination Matters

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Understanding Just Cause in Ohio Unemployment Cases: Why Your Employer's Reason for Termination Matters

If you've been terminated from your job in Ohio and are considering filing for unemployment benefits, one crucial concept you need to understand is "just cause" – and specifically, how the reason your employer gave for your termination affects your eligibility for benefits.

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Navigating the Murky Waters of Direct Dealing: When Employer Communication Becomes an Unfair Labor Practice

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Navigating the Murky Waters of Direct Dealing: When Employer Communication Becomes an Unfair Labor Practice

In the realm of Ohio public sector labor relations, the Ohio Revised Code (ORC) Chapter 4117 lays out the ground rules for the relationship between public employers and their employees, particularly when employees choose to be represented by a union. A key aspect of these regulations is the prohibition of "unfair labor practices" (ULPs), actions by either the employer or the employee organization that undermine the rights guaranteed by this chapter. One such ULP that often raises questions is "direct dealing." This blog post will delve into what direct dealing entails and under what circumstances it can cross the line into an unfair labor practice for public employers in Ohio.

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When Can Police Request Field Sobriety Tests? Understanding Reasonable Suspicion in Ohio

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When Can Police Request Field Sobriety Tests? Understanding Reasonable Suspicion in Ohio

After a traffic stop, many drivers are asked to perform field sobriety tests. However, Ohio law clearly establishes that police must have specific justification before making this request. Understanding these requirements is crucial for anyone who faces DUI/OVI charges.

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Resigning Due to Sexual Harassment: Understanding Your Ohio Unemployment Benefits Rights

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Resigning Due to Sexual Harassment: Understanding Your Ohio Unemployment Benefits Rights

Facing sexual harassment in the workplace puts employees in an impossible position. Many feel they have no choice but to resign for their own wellbeing. A common concern in these situations is whether quitting due to harassment will disqualify you from receiving unemployment benefits in Ohio.

The good news is that Ohio law recognizes that employees who resign due to sexual harassment may have "just cause" to quit and remain eligible for unemployment benefits. However, specific requirements must be met to protect your eligibility.

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Understanding Labor Contract Interpretation: The Arbitrator's Toolbox

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Understanding Labor Contract Interpretation: The Arbitrator's Toolbox

When a labor dispute reaches arbitration, the arbitrator's primary mission is to uncover what the union and management actually intended when they agreed to specific contract language. This fundamental principle—discovering the parties' mutual intent—guides every aspect of contract interpretation in labor arbitrations.

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DUIs on Golf Carts in Ohio: Yes, It's a Real Thing

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DUIs on Golf Carts in Ohio: Yes, It's a Real Thing

Summer in Ohio means trips to Put-in-Bay, Kelley's Island, campgrounds, and golf courses. For many, these outings include renting golf carts and enjoying alcoholic beverages. What most people don't realize is that operating a golf cart while impaired can result in the same serious OVI/DUI charges as driving a car.

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License Requirements and Ohio Unemployment Benefits: A Deep Dive into the Williams Case

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License Requirements and Ohio Unemployment Benefits: A Deep Dive into the Williams Case

If you've been terminated from your job due to licensing issues, understanding how Ohio handles these cases in the unemployment system can make a significant difference in your financial security. Ohio's approach to licensing-related terminations has been shaped by several pivotal court decisions, most notably the Ohio Supreme Court's landmark ruling in Williams v. Ohio Department of Job & Family Services.

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Navigating the Minefield: Management Rights and Zipper Clauses in Ohio Labor Law

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Navigating the Minefield: Management Rights and Zipper Clauses in Ohio Labor Law

Recent Ohio case law has significantly clarified how courts interpret management rights provisions and zipper clauses in collective bargaining agreements. Two key decisions from the Eighth District Court of Appeals in 2024 provide important guidance for unions challenging unilateral employer actions.

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Marked Lanes Violations in Ohio: Understanding Your Rights During Traffic Stops

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Marked Lanes Violations in Ohio: Understanding Your Rights During Traffic Stops

Many DUI cases in Ohio begin with a traffic stop for a "marked lanes violation." These stops often serve as the initial contact point that leads to further investigation for impaired driving. Understanding what actually constitutes a marked lanes violation can be crucial if you're facing charges that stemmed from such a stop.

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