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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.
Read MoreSummer in Ohio means trips to Put-in-Bay, Kelley's Island, campgrounds, and golf courses. For many, these outings include renting golf carts and enjoying alcoholic beverages. What most people don't realize is that operating a golf cart while impaired can result in the same serious OVI/DUI charges as driving a car.
Read MoreIf you've been terminated from your job due to licensing issues, understanding how Ohio handles these cases in the unemployment system can make a significant difference in your financial security. Ohio's approach to licensing-related terminations has been shaped by several pivotal court decisions, most notably the Ohio Supreme Court's landmark ruling in Williams v. Ohio Department of Job & Family Services.
Read MoreRecent 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.
Read MoreMany DUI cases in Ohio begin with a traffic stop for a "marked lanes violation." These stops often serve as the initial contact point that leads to further investigation for impaired driving. Understanding what actually constitutes a marked lanes violation can be crucial if you're facing charges that stemmed from such a stop.
Read MoreIn today's digital workplace, the line between professional and personal computer use can often blur. Many Ohio workers find themselves wondering: "Can I be denied unemployment benefits if I was fired for using the internet or company computers for personal reasons?" The answer, like many aspects of unemployment law, depends on several important factors.
Read MoreWhen 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.
Read MoreMany Ohioans are unfamiliar with what legally constitutes "obstructing official business" until they're faced with such a charge. This offense, while seemingly straightforward, contains several specific legal elements that must be proven beyond a reasonable doubt. Understanding these elements can be crucial for anyone facing such charges.
Read MoreWhen you lose your job, navigating Ohio's unemployment system becomes a priority. One common reason employers cite for denying unemployment benefits is "insubordination." But what exactly counts as insubordination under Ohio unemployment law, and when might you still qualify for benefits despite being terminated for allegedly not following instructions?
Read MoreThe 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.
Read MoreDUI checkpoints (also called sobriety checkpoints) are temporary roadblocks where law enforcement officers stop vehicles to check drivers for signs of impairment. The U.S. Supreme Court has established that these checkpoints constitute a "seizure" under the Fourth Amendment, but they are permitted under certain conditions.
Read MoreNavigating Ohio's unemployment system can be challenging, particularly when issues of workplace dishonesty are involved. As unemployment attorneys working with Ohio residents daily, we often encounter situations where applicants are surprised to learn how severely dishonesty can impact their benefits eligibility.
Read MoreWhere 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.
Read MoreOhio's Operating a Vehicle under the Influence (OVI) laws include specific provisions known as "per se" violations, which create a unique framework for prosecution. These charges differ from traditional impairment-based OVI cases because they rely solely on chemical test results rather than observable signs of impairment.
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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