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

/ Law Offices of Brian J. Smith, ltd/
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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