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

/ Law Offices of Brian J. Smith, ltd/
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

/ Law Offices of Brian J. Smith, ltd/
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

/ Law Offices of Brian J. Smith, ltd/
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

/ Law Offices of Brian J. Smith, ltd/
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

/ Law Offices of Brian J. Smith/
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

/ Law Offices of Brian J. Smith/
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

/ Law Offices of Brian J. Smith, ltd/
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

/ Law Offices of Brian J. Smith, ltd/
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

/ Law Offices of Brian J. Smith, ltd/
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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When Public Employers Change Hands: Understanding Successor Employer Obligations in Ohio

/ Law Offices of Brian J. Smith, ltd/
When Public Employers Change Hands: Understanding Successor Employer Obligations in Ohio

The world of public employment rarely stands still. School districts merge, municipalities reorganize, and public services shift between agencies. When these transitions occur, a critical question emerges for unions and their members: what happens to existing collective bargaining relationships? Understanding successor employer obligations in Ohio public sector labor law can mean the difference between maintaining hard-won benefits and starting from scratch.

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Navigating the SERB Appeal Process: A Strategic Guide for Ohio Unions

/ Law Offices of Brian J. Smith, ltd/
Navigating the SERB Appeal Process: A Strategic Guide for Ohio Unions

When the State Employment Relations Board issues an unfair labor practice decision, the case doesn't always end there. Ohio law provides a clear path for judicial review of SERB orders, but successfully navigating this appeal process requires understanding strict deadlines, procedural requirements, and most importantly, the different standards of review that courts will apply. For unions seeking to challenge adverse SERB decisions or defend favorable ones, mastering these appellate fundamentals can mean the difference between victory and defeat.

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The Power of Past Practice: How Unwritten Rules Shape Ohio Public Sector Labor Relations

/ Law Offices of Brian J. Smith, ltd/
The Power of Past Practice: How Unwritten Rules Shape Ohio Public Sector Labor Relations

In Ohio's public sector labor landscape, some of the most binding workplace rules aren't found in any contract. These unwritten customs, known as "past practices," can carry the same legal weight as formal collective bargaining agreements, and understanding their power is essential for both unions and public employers navigating the complexities of labor relations.

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The Nuances of Bargaining Unit Determination and Clarification by SERB

/ Law Offices of Brian J. Smith, ltd/
The Nuances of Bargaining Unit Determination and Clarification by SERB

Defining who belongs in a bargaining unit forms the foundation of collective bargaining rights. Yet these determinations aren't set in stone—positions evolve, new jobs emerge, and disputes arise about unit composition. Understanding how the State Employment Relations Board (SERB) approaches these issues empowers unions to protect their jurisdiction and ensure appropriate representation for all eligible employees.

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Judicial Review: Appealing SERB Orders and Directives in Ohio Public Sector Labor Cases

/ Law Offices of Brian J. Smith, ltd./
Judicial Review: Appealing SERB Orders and Directives in Ohio Public Sector Labor Cases

When the State Employment Relations Board (SERB) issues an unfavorable decision, the fight isn't necessarily over. Ohio law provides specific pathways for unions and employers to challenge SERB orders and directives through the court system. Understanding these appeal rights—and their strict requirements—can mean the difference between accepting an adverse decision and successfully overturning it.

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