News, updates, resources, stories, and help from an Ohio attorney through a Blog.
When 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.
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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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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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For 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.
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Successful 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.
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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.
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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.
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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).
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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.
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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.
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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."
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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