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

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

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

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

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

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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When Employers Change the Rules Without You: Protecting Your Union's Rights Against Unilateral Changes

When Employers Change the Rules Without You: Protecting Your Union's Rights Against Unilateral Changes

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.

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Understanding Standards of Proof in Labor Arbitration: A Critical Issue for Union Representatives

Understanding Standards of Proof in Labor Arbitration: A Critical Issue for Union Representatives

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.

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Is SERB Fulfilling Its Mission? The Troubling Reality Behind Ohio's Unfair Labor Practice Statistics

Is SERB Fulfilling Its Mission? The Troubling Reality Behind Ohio's Unfair Labor Practice Statistics

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.

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Defending Workers Against Overreaching Discipline: Off-Duty Misconduct in Labor Arbitrations

Defending Workers Against Overreaching Discipline: Off-Duty Misconduct in Labor Arbitrations

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.

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The Full Arsenal: How SERB's Remedial Powers Can Restore Justice in Your Workplace

The Full Arsenal: How SERB's Remedial Powers Can Restore Justice in Your Workplace

Too often, union representatives celebrate winning an unfair labor practice case only to feel deflated when the employer's only consequence seems to be posting a piece of paper on a bulletin board. What many don't realize is that Ohio's State Employment Relations Board wields extensive remedial powers that extend far beyond the ubiquitous sixty-day posting requirement. Knowing how to seek and enforce these comprehensive remedies transforms paper victories into tangible improvements in workers' lives.

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Unlocking the Power of Data: How Ohio Unions Can Leverage SERB's Clearinghouse for Stronger Negotiations

Unlocking the Power of Data: How Ohio Unions Can Leverage SERB's Clearinghouse for Stronger Negotiations

Every day, union representatives across Ohio face a fundamental challenge: how do you prove your members deserve better wages, benefits, and working conditions? The answer often lies not in passionate arguments alone, but in cold, hard data. Fortunately, Ohio's public sector unions have access to one of the most comprehensive labor databases in the nation through the State Employment Relations Board's Clearinghouse—yet many representatives barely scratch the surface of what this resource offers.

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Understanding Your Bargaining Unit: A Union Guide to Unit Determination and Clarification in Ohio

Understanding Your Bargaining Unit: A Union Guide to Unit Determination and Clarification in Ohio

As union representatives and members in Ohio's public sector, understanding who belongs in your bargaining unit—and who doesn't—is fundamental to protecting your collective bargaining rights and building union strength. The State Employment Relations Board (SERB) holds the power to determine appropriate bargaining units, and knowing how they make these decisions can help you protect your unit's integrity, challenge improper exclusions, and ensure all eligible workers have union representation.

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Know Your Rights: What Your Employer Can and Cannot Do During Your Union Organizing Campaign

Know Your Rights: What Your Employer Can and Cannot Do During Your Union Organizing Campaign

When workers begin organizing a union in an Ohio public workplace, the dynamic shifts dramatically. Supervisors who once seemed friendly may become distant or hostile. Management suddenly takes interest in employee concerns they've ignored for years. New policies appear overnight. For workers fighting to form their union, understanding what their employer can and cannot legally do during this critical period isn't just helpful—it's essential to protecting the organizing campaign and avoiding intimidation tactics that could derail your collective efforts.

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Time Is of the Essence: Critical Deadlines That Can Make or Break Your Ohio Labor Case

Time Is of the Essence: Critical Deadlines That Can Make or Break Your Ohio Labor Case

In Ohio public sector labor law, the difference between victory and defeat often comes down to a matter of days, sometimes hours. Missing a deadline doesn't just complicate your case; it can end it before it begins. For unions navigating the complex procedural landscape of the State Employment Relations Board, understanding and respecting these time limits isn't just good practice, it's essential to protecting your members' rights.

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