Navigating the SERB Appeal Process: A Strategic Guide for Ohio Unions

/ Law Offices of Brian J. Smith, ltd/
Navigating the SERB Appeal Process: A Strategic Guide for Ohio Unions

When the State Employment Relations Board issues an unfair labor practice decision, the case doesn't always end there. Ohio law provides a clear path for judicial review of SERB orders, but successfully navigating this appeal process requires understanding strict deadlines, procedural requirements, and most importantly, the different standards of review that courts will apply. For unions seeking to challenge adverse SERB decisions or defend favorable ones, mastering these appellate fundamentals can mean the difference between victory and defeat.

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Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

/ Law Offices of Brian J. Smith, ltd/
Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

The intersection of Miranda rights and OVI investigations presents complex constitutional questions that can significantly impact the outcome of drunk driving cases in Ohio. Understanding when law enforcement must provide Miranda warnings during traffic stops and OVI investigations is crucial for anyone facing these charges. The admissibility of statements made during an OVI stop often hinges on whether proper constitutional safeguards were in place.

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Multiple Reasons for Quitting: How Ohio Courts Protect Workers' Unemployment Benefit Rights

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Multiple Reasons for Quitting: How Ohio Courts Protect Workers' Unemployment Benefit Rights

When most people think about quitting their job, they often struggle to pinpoint a single, overwhelming reason that drove their decision. Real life is messy—workplace problems tend to accumulate, personal circumstances change, and the final decision to leave often stems from a combination of factors rather than one dramatic incident.

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The Power of Past Practice: How Unwritten Rules Shape Ohio Public Sector Labor Relations

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The Power of Past Practice: How Unwritten Rules Shape Ohio Public Sector Labor Relations

In Ohio's public sector labor landscape, some of the most binding workplace rules aren't found in any contract. These unwritten customs, known as "past practices," can carry the same legal weight as formal collective bargaining agreements, and understanding their power is essential for both unions and public employers navigating the complexities of labor relations.

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Understanding the Community Caretaker Exception in Ohio DUI Cases

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Understanding the Community Caretaker Exception in Ohio DUI Cases

Law enforcement officers frequently justify their initial contact with drivers based on the "community caretaker" or "emergency aid" exception to the Fourth Amendment's warrant requirement. This exception represents a critical area of constitutional law that every driver should understand, as it can significantly impact the validity of a traffic stop and any subsequent DUI investigation.

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The Nuances of Bargaining Unit Determination and Clarification by SERB

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The Nuances of Bargaining Unit Determination and Clarification by SERB

Defining who belongs in a bargaining unit forms the foundation of collective bargaining rights. Yet these determinations aren't set in stone—positions evolve, new jobs emerge, and disputes arise about unit composition. Understanding how the State Employment Relations Board (SERB) approaches these issues empowers unions to protect their jurisdiction and ensure appropriate representation for all eligible employees.

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Fired for Breaking a Rule? Your Employer's Inconsistent Enforcement Could Save Your Unemployment Benefits

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Fired for Breaking a Rule? Your Employer's Inconsistent Enforcement Could Save Your Unemployment Benefits

Being terminated for violating a company rule can feel devastating, especially when you're facing the possibility of being denied unemployment benefits. However, if your employer didn't consistently enforce that rule with all employees, you may still be eligible for benefits even though you technically broke a workplace policy.

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Judicial Review: Appealing SERB Orders and Directives in Ohio Public Sector Labor Cases

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Judicial Review: Appealing SERB Orders and Directives in Ohio Public Sector Labor Cases

When the State Employment Relations Board (SERB) issues an unfavorable decision, the fight isn't necessarily over. Ohio law provides specific pathways for unions and employers to challenge SERB orders and directives through the court system. Understanding these appeal rights—and their strict requirements—can mean the difference between accepting an adverse decision and successfully overturning it.

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Understanding Ohio's Slow Speed Laws: When Driving Too Slowly Becomes a Crime

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Understanding Ohio's Slow Speed Laws: When Driving Too Slowly Becomes a Crime

Most drivers worry about speeding tickets, but Ohio law also prohibits driving too slowly under certain circumstances. Understanding Ohio Revised Code 4511.22 and how courts interpret slow speed violations is crucial for anyone facing these charges, as the law is more complex than it initially appears and offers several potential defenses.

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Transportation and Ohio Unemployment Benefits: Understanding the Challenges

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Transportation and Ohio Unemployment Benefits: Understanding the Challenges

Transportation problems can create significant barriers to receiving unemployment benefits in Ohio, affecting both your initial eligibility and your ongoing qualification for weekly benefits. Understanding how Ohio law treats transportation issues is crucial for anyone facing these challenges, as the state places the burden of securing adequate transportation squarely on the employee.

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The Foundation of Good Faith: Understanding the Public Employer's Duty to Provide Information in Ohio

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The Foundation of Good Faith: Understanding the Public Employer's Duty to Provide Information in Ohio

Access to information forms the bedrock of effective collective bargaining and contract administration. Without it, unions cannot adequately represent their members, negotiate fair agreements, or enforce existing contract rights. Ohio law recognizes this fundamental truth by imposing clear obligations on public employers to provide necessary and relevant information to unions.

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Understanding Ohio's Hit and Skip Laws: Three Different Statutes, Three Different Requirements and Penalties

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Understanding Ohio's Hit and Skip Laws: Three Different Statutes, Three Different Requirements and Penalties

Being charged with "leaving the scene" or "hit and skip" in Ohio can be confusing because Ohio actually has three separate statutes governing these situations, each with different requirements and penalties. Understanding which statute applies to your situation is crucial, as prosecutors sometimes charge defendants under the wrong section, creating opportunities for defense.

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Understanding Ohio Unemployment: How Does Severance Pay Affect Your Weekly Benefits?

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Understanding Ohio Unemployment: How Does Severance Pay Affect Your Weekly Benefits?

Losing a job can be a stressful experience, and understanding how different types of payments you receive upon separation can impact your eligibility for unemployment benefits is crucial. Severance pay is a common example that can significantly affect your weekly unemployment benefits. This post will explain how separation or termination pay is treated under Ohio unemployment law and specifically discuss how its allocation affects your ability to collect weekly benefits.

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Holding Public Employers Accountable: Common Remedies for Unfair Labor Practices in Ohio

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Holding Public Employers Accountable: Common Remedies for Unfair Labor Practices in Ohio

When public employers violate the rights guaranteed under Ohio's collective bargaining law, employees and their unions have powerful remedies available through the State Employment Relations Board (SERB). Understanding these remedies helps unions advocate effectively for their members and ensures employers face meaningful consequences for unlawful conduct.

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