Protecting the Sacred Ground of Union Elections: Ohio's "Hygienic Conditions" Standard

/ Law Offices of Brian J. Smith, ltd/
Protecting the Sacred Ground of Union Elections: Ohio's "Hygienic Conditions" Standard

The moment workers decide to organize represents a critical juncture in labor relations. During this vulnerable period, employers often deploy tactics designed to influence, intimidate, or manipulate the outcome. Ohio law recognizes this danger and requires that all representation elections occur under "hygienic conditions," a standard that sounds clinical but carries profound implications for workers' fundamental rights.

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Win or Lose at the Hearing: Understanding Ohio's Limited Standard of Review in Unemployment Cases

/ Law Offices of Brian J. Smith, ltd/
Win or Lose at the Hearing: Understanding Ohio's Limited Standard of Review in Unemployment Cases

Many unemployment claimants believe that if they lose their initial hearing, they can simply present their case anew on appeal and get a fresh determination. This misconception can be devastating. Two recent Ohio appellate decisions, Clark v. Director, Ohio Department of Job & Family Services, 2025-Ohio-2222 (8th Dist. 2025) and Tan v. Director of Ohio Department of Job and Family Services, 2025-Ohio-2614 (2d Dist. 2025), illustrate a harsh reality: the hearing before the Ohio Unemployment Compensation Review Commission is essentially your one shot at winning your case. Understanding why requires grasping the extremely limited role of reviewing courts in unemployment appeals.

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Second Chances at SERB: Mastering Motions for Reconsideration in Ohio Labor Cases

/ Law Offices of Brian J. Smith, ltd/
Second Chances at SERB: Mastering Motions for Reconsideration in Ohio Labor Cases

Every union attorney knows the sinking feeling when SERB issues an unfavorable ruling. Whether dismissing an unfair labor practice charge, denying a representation petition, or ruling against the union on a procedural matter, these decisions can feel final and devastating. But Ohio law provides a critical opportunity to challenge SERB rulings through Motions for Reconsideration, a tool that remains underutilized and often misunderstood by union representatives.

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When Traffic Stops Go Too Long: Understanding Your Rights Against Prolonged Detention in Ohio

/ Law Offices of Brian J. Smith, ltd/
When Traffic Stops Go Too Long: Understanding Your Rights Against Prolonged Detention in Ohio

Every traffic stop begins with a specific purpose, whether for speeding, a broken taillight, or an expired registration. But what happens when officers keep you on the roadside long after addressing the original reason for the stop? Ohio law places strict limits on how long police can detain you during traffic stops, and violations of these limits can result in suppression of any evidence discovered during the unlawful extension.

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Understanding Ohio's Unemployment Fraud Rules: Intent, Consequences, and the Lessons from Mikhelson

/ Law Offices of Brian J. Smith, ltd/
Understanding Ohio's Unemployment Fraud Rules: Intent, Consequences, and the Lessons from Mikhelson

Unemployment compensation serves as a critical safety net for Ohio workers who lose their jobs through no fault of their own. However, this system depends on claimants providing accurate information about their circumstances, particularly regarding any wages they earn while receiving benefits. The recent case of Mikhelson v. Director of Ohio Department of Job and Family Services, 2025-Ohio-2524 (8th Dist. 2025), illustrates how even seemingly innocent mistakes in reporting can lead to serious fraud determinations with lasting consequences.

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Getting Your Money Back: Understanding Retroactive Pay in Ohio Conciliation Awards

/ Law Offices of Brian J. Smith, ltd/
Getting Your Money Back: Understanding Retroactive Pay in Ohio Conciliation Awards

When police officers, firefighters, and deputy sheriffs reach impasse in bargaining, conciliation becomes their path to resolution. Unlike private sector workers who can strike, these essential public employees must rely on a neutral conciliator to resolve contract disputes. But even after winning wage increases through conciliation, a critical question remains: when do those raises actually take effect, and can workers recover wages they should have received months earlier?

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The Power of Suppression Motions: Your Constitutional Shield Against Illegal Police Conduct

/ Law Offices of Brian J. Smith, ltd/
The Power of Suppression Motions: Your Constitutional Shield Against Illegal Police Conduct

When facing criminal charges, particularly OVI cases, one of the most powerful tools in the defense arsenal is the motion to suppress. This legal mechanism can eliminate key evidence against you, often resulting in dismissed charges or significantly weakened prosecution cases. Understanding how suppression motions work and why they matter can make the difference between conviction and acquittal.

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Fair Application of Employer Rules: A Critical Element in Ohio Unemployment Cases

/ Law Offices of Brian J. Smith, ltd/
Fair Application of Employer Rules: A Critical Element in Ohio Unemployment Cases

When an employer terminates an employee for violating company policy, Ohio unemployment law requires more than just proving the violation occurred. The employer must also demonstrate that the policy was both fair and fairly applied. A recent Ohio appellate court decision illustrates how this requirement plays out in practice and what evidence is needed to challenge the fair application of workplace rules.

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Exhausting Internal Union Remedies: The Critical First Step Before Filing ULP Charges with SERB

/ Law Offices of Brian J. Smith, ltd/
Exhausting Internal Union Remedies: The Critical First Step Before Filing ULP Charges with SERB

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.

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The Inventory Search Exception: When Police Can Search Your Impounded Vehicle Without a Warrant

/ Law Offices of Brian J. Smith, ltd/
The Inventory Search Exception: When Police Can Search Your Impounded Vehicle Without a Warrant

When police impound a vehicle, they often conduct what they call an "inventory search" before towing it away. While this might seem like a routine administrative procedure, these searches frequently uncover evidence that leads to criminal charges. Understanding the strict legal requirements for inventory searches can reveal whether police exceeded their authority and whether any evidence they discovered should be suppressed.

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When Parties Don't Show: Non-Appearance at Ohio Unemployment Compensation Hearings

/ Law Offices of Brian J. Smith, ltd/
When Parties Don't Show: Non-Appearance at Ohio Unemployment Compensation Hearings

Missing an unemployment compensation hearing in Ohio can have serious consequences, but the impact varies dramatically depending on whether the absent party is the one who filed the appeal or the one responding to it. Understanding the rules governing non-appearance, what constitutes acceptable excuses, and the procedures for addressing missed hearings can mean the difference between preserving appeal rights and losing them entirely.

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Protecting the Right to Organize: How Ohio Employers Illegally Interfere with Union Campaigns

/ Law Offices of Brian J. Smith, ltd/
Protecting the Right to Organize: How Ohio Employers Illegally Interfere with Union Campaigns

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.

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Understanding Vehicle Searches After Arrest in Ohio: Your Rights and Police Limitations

/ Law Offices of Brian J. Smith, ltd/
Understanding Vehicle Searches After Arrest in Ohio: Your Rights and Police Limitations

When police arrest someone during a traffic stop, officers often search the vehicle immediately afterward. Many drivers assume this search is automatic and unlimited, but Ohio law places significant restrictions on when and how police can search a vehicle following an arrest. Understanding these limitations can make the difference between evidence being admitted or excluded from trial.

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Understanding Ohio Unemployment Review Commission Hearings: A Complete Guide

/ Law Offices of Brian J. Smith, ltd/
Understanding Ohio Unemployment Review Commission Hearings: A Complete Guide

Navigating an unemployment compensation hearing in Ohio can be intimidating for both claimants and employers. The Ohio Unemployment Review Commission conducts thousands of hearings each year, operating under specific rules and procedures designed to ensure fair and efficient resolution of disputes. Understanding these rules can make the difference between a successful appeal and a denied claim.

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