February 19, 2025

Garrity and Kalkines Rights: A Comprehensive Guide for Public Sector Union Members

February 19, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Garrity and Kalkines rights are essential protections for public sector employees during workplace investigations. These constitutional safeguards allow public employees to maintain their rights against self-incrimination while still cooperating with employer investigations. It is crucial for both union representatives and members to understand these rights when navigating administrative investigations.

January 22, 2025

Understanding Ohio SERB Unfair Labor Practice Charges

January 22, 2025/ Law Offices of Brian J. Smith/ Brian Smith

An unfair labor practice charge is a formal complaint filed with the State Employment Relations Board (SERB) when a public employer or employee organization violates the rights protected under Ohio's Public Employees' Collective Bargaining Act. This law, found in Chapter 4117 of the Ohio Revised Code, establishes and protects the fundamental rights of Ohio's public employees to organize, bargain collectively, and engage in other protected activities without interference or discrimination.

January 15, 2025

Understanding the SERB Conciliation Process in Ohio

January 15, 2025/ Law Offices of Brian J. Smith/ Brian Smith

The conciliation process is the final step in resolving collective bargaining disputes for Ohio's safety forces and other essential public employees who cannot strike. As outlined by the State Employment Relations Board (SERB), this process provides a binding resolution mechanism through final offer issue-by-issue arbitration under O.R.C. Section 4117.14(G).

January 08, 2025

Ohio Public Sector Labor Relations - Understanding the SERB Fact-Finding Process

January 08, 2025/ Law Offices of Brian J. Smith/ Brian Smith

Fact-finding serves as a crucial dispute resolution mechanism in Ohio's public sector collective bargaining process. When unions and employers reach an impasse in negotiations, the fact-finding process provides a structured pathway to resolve differences through an independent, neutral third party.

March 21, 2016

Unemployment Appeals Reports 3/21/16

March 21, 2016/ Sivinski Law Offices, ltd/ Brian Smith

The Sixth District holds that proof that an employer terminated striking employees by replacing them with permanent replacements does not necessarily require written notice to the employees that they are permanently replaced, and therefore such employees became eligible for unemployment compensation on the date that the employer actually intended to, and began to, permanently replace them.

January 15, 2016

Unemployment Appeals Reports 01/15/16

January 15, 2016/ Sivinski Law Offices, ltd/ Brian Smith

The Ninth District declines to extend the limited waiver exception to unemployment benefits for union employees when "there is no termination package at issue, where the leave at issue could last indefinitely, and where the leave at issue was not contemplated as part of any collectively bargained agreement in the record."