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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.
Read MoreRecent 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.
Read MoreWhen your union and management disagree about what contract language means, an arbitrator often becomes the final decision-maker. Understanding how these neutrals approach contract interpretation can help you evaluate potential grievances and strengthen your workplace advocacy. This guide explores the dominant approaches to contract interpretation in labor arbitration.
Read MoreThe cornerstone of effective union representation lies in the collective bargaining process—a fundamental right protected by both federal labor law and Ohio state law. For Ohio public employees in particular, Chapter 4117 of the Ohio Revised Code establishes specific rights and obligations that shape workplace negotiations. This guide explores what the "duty to bargain" actually means in practice and how it impacts your workplace rights, whether you work in the private or public sector in Ohio.
Read MoreWhere does an employer's authority end and an employee's private life begin? This question frequently arises in labor disputes when workers face discipline for actions that occurred outside work hours and away from company property. While employees often assume their personal lives remain their own business, employers sometimes claim that certain off-duty behaviors justify workplace consequences.
Read MoreWhen reviewing workplace discipline cases where some misconduct has been established, arbitrators face the challenge of determining whether the employer's chosen penalty fits the offense. This analysis involves weighing numerous factors to ensure that discipline serves its proper purpose—to correct behavior rather than merely punish, except in the most serious cases.
Read MoreAs a labor union in Ohio, one of your core responsibilities is to fairly represent all members of the bargaining unit, regardless of their union membership status or personal relationships with union leadership. This obligation, known as the duty of fair representation, is a legal principle established through state and federal case law as well as statutes that applies to all union activities, including collective bargaining, grievance processing, and contract enforcement.
Read MoreTraditional collective bargaining often creates an atmosphere of conflict, where opposing sides stake out positions and gradually wear each other down through tactical maneuvers. While this conventional approach has achieved results over many decades, labor professionals are increasingly exploring interest-based bargaining (IBB), also known as collaborative bargaining, as an alternative. This cooperative approach emphasizes joint problem-solving and mutual understanding rather than positional conflict.
Read MoreWhen facing unfair discipline at work, winning your arbitration is only the first step. Understanding the remedies available through arbitration helps ensure you receive full justice.
Read MoreWhen your employer imposes discipline or termination, "just cause" is your first line of defense. This fundamental protection, found in most union contracts, requires employers to prove they had legitimate reasons for disciplinary action and followed fair procedures.
Read MoreSuccessfully advocating for union members in contract interpretation disputes requires understanding how arbitrators analyze contractual language. Here's a practical guide focused on key interpretive principles and effective advocacy strategies.
Read MoreFor Ohio public employees considering union representation, the process involves several carefully regulated steps under state law. Here's what you need to know about securing union representation in your workplace.
Read MoreLabor arbitrators have long recognized that the relationship between unions and employers extends beyond the written words of their collective bargaining agreements. One of the most important unwritten elements is past practice - the established patterns of workplace conduct that can become as binding as the contract itself. Let's explore how this doctrine works in practice.
Read MoreSuccessful fact-finding representation can make the critical difference in achieving fair contracts for public sector workers. Understanding the key elements of this process helps labor organizations effectively advocate for their members' interests.
Read MoreExperienced attorney with 20 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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