Navigating the Murky Waters of Direct Dealing: When Employer Communication Becomes an Unfair Labor Practice

/ Law Offices of Brian J. Smith, ltd/
Navigating the Murky Waters of Direct Dealing: When Employer Communication Becomes an Unfair Labor Practice

In the realm of Ohio public sector labor relations, the Ohio Revised Code (ORC) Chapter 4117 lays out the ground rules for the relationship between public employers and their employees, particularly when employees choose to be represented by a union. A key aspect of these regulations is the prohibition of "unfair labor practices" (ULPs), actions by either the employer or the employee organization that undermine the rights guaranteed by this chapter. One such ULP that often raises questions is "direct dealing." This blog post will delve into what direct dealing entails and under what circumstances it can cross the line into an unfair labor practice for public employers in Ohio.

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Understanding Labor Contract Interpretation: The Arbitrator's Toolbox

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Understanding Labor Contract Interpretation: The Arbitrator's Toolbox

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.

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Navigating the Minefield: Management Rights and Zipper Clauses in Ohio Labor Law

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Navigating the Minefield: Management Rights and Zipper Clauses in Ohio Labor Law

Recent 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.

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Contract Language in Labor Disputes: How Arbitrators Interpret Your Union Agreement

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Contract Language in Labor Disputes: How Arbitrators Interpret Your Union Agreement

When 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.

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Understanding Your Union's Bargaining Rights: A Practical Guide for Ohio Workers

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Understanding Your Union's Bargaining Rights: A Practical Guide for Ohio Workers

The 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.

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When Private Lives Meet Workplace Discipline: How Arbitrators View Off-Duty Conduct

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When Private Lives Meet Workplace Discipline: How Arbitrators View Off-Duty Conduct

Where 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.

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Arbitrators' Decision-Making: Evaluating Workplace Discipline

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Arbitrators' Decision-Making: Evaluating Workplace Discipline

When 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.

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The Duty of Fair Representation: A Guide for Ohio Labor Unions

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The Duty of Fair Representation: A Guide for Ohio Labor Unions

As 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.

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Interest-Based Bargaining: A Modern Approach to Labor Negotiations

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Interest-Based Bargaining: A Modern Approach to Labor Negotiations

Traditional 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.

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Understanding Just Cause: Protecting Workers' Rights in Labor Arbitration

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Understanding Just Cause: Protecting Workers' Rights in Labor Arbitration

When 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.

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Contract Interpretation in Labor Arbitration: A Guide for Union Advocates

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Contract Interpretation in Labor Arbitration: A Guide for Union Advocates

Successfully 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.

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Past Practice in Labor Arbitration: A Guide for Understanding This Essential Doctrine

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Past Practice in Labor Arbitration: A Guide for Understanding This Essential Doctrine

Labor 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.

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