The Foundation of Good Faith: Understanding the Public Employer's Duty to Provide Information in Ohio

/ Law Offices of Brian J. Smith, ltd/
The Foundation of Good Faith: Understanding the Public Employer's Duty to Provide Information in Ohio

Access to information forms the bedrock of effective collective bargaining and contract administration. Without it, unions cannot adequately represent their members, negotiate fair agreements, or enforce existing contract rights. Ohio law recognizes this fundamental truth by imposing clear obligations on public employers to provide necessary and relevant information to unions.

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Holding Public Employers Accountable: Common Remedies for Unfair Labor Practices in Ohio

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Holding Public Employers Accountable: Common Remedies for Unfair Labor Practices in Ohio

When public employers violate the rights guaranteed under Ohio's collective bargaining law, employees and their unions have powerful remedies available through the State Employment Relations Board (SERB). Understanding these remedies helps unions advocate effectively for their members and ensures employers face meaningful consequences for unlawful conduct.

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Understanding the "As Affects" Balancing Test: Real-World Examples for Ohio Public Sector Unions

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Understanding the "As Affects" Balancing Test: Real-World Examples for Ohio Public Sector Unions

When management decisions intersect with employee rights, Ohio public sector unions often face a critical question: Is this a topic the employer must negotiate, or can they act unilaterally? The answer frequently lies in applying the Youngstown balancing test, a crucial tool that determines when management rights trigger mandatory bargaining obligations.

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Mandatory vs. Permissive Bargaining: What Ohio Public Sector Unions Need to Know

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Mandatory vs. Permissive Bargaining: What Ohio Public Sector Unions Need to Know

When Ohio public sector unions sit down at the bargaining table, not all topics carry the same legal weight. Some subjects must be negotiated, while others remain at the employer's discretion. Understanding this distinction can make the difference between securing vital workplace improvements and missing opportunities to advocate for union members.

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Navigating Reservation of Rights and Zipper Clauses: Implications for the Duty to Bargain in Ohio

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Navigating Reservation of Rights and Zipper Clauses: Implications for the Duty to Bargain in Ohio

Collective bargaining agreements (CBAs) in the Ohio public sector frequently include clauses intended to define the scope of bargaining obligations during the life of the agreement. Among these are reservation of rights clauses and zipper clauses, both of which can be invoked by employers to argue a lack of duty to bargain on certain matters. For Ohio labor unions and their members, understanding the implications and limitations of these clauses is essential to protecting their bargaining rights under Ohio Revised Code (ORC) Chapter 4117.

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When Does SERB Step Back? Understanding Deferral to Grievance and Arbitration in Ohio Public Sector Labor Relations

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When Does SERB Step Back? Understanding Deferral to Grievance and Arbitration in Ohio Public Sector Labor Relations

As an experienced Ohio labor union attorney, one of the critical areas of practice involves navigating disputes that arise under collective bargaining agreements. A cornerstone of most CBAs is the establishment of a grievance and arbitration procedure designed to resolve these disagreements. However, a frequent question that arises is: when does the State Employment Relations Board (SERB) defer to these contractual mechanisms, and when will it assert its own jurisdiction over alleged unfair labor practices (ULPs) that might also have a contractual dimension? This blog post aims to provide clarity on this crucial aspect of Ohio public sector labor law.

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Understanding When Subcontracting Becomes an Ohio Unfair Labor Practice

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Understanding When Subcontracting Becomes an Ohio Unfair Labor Practice

As union members, we stand together to protect our livelihoods, our working conditions, and the integrity of our collective bargaining agreements. One of the challenges we sometimes face is the prospect of our employers subcontracting our work to outside entities. While employers may claim this is for efficiency or cost savings, it can have a devastating impact on our jobs and our union's strength. It's crucial for us to understand that under Ohio law, specifically Ohio Revised Code (ORC) Chapter 4117, certain subcontracting actions by public employers can be illegal unfair labor practices (ULPs). This post will delve into when subcontracting crosses the line and what rights we have as union members in these situations.

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

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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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