The Lack of Convergence Test in Ohio DUI Cases: Another Non-Standardized Test Lacking Scientific Foundation

/ Law Offices of Brian J. Smith, ltd/
The Lack of Convergence Test in Ohio DUI Cases: Another Non-Standardized Test Lacking Scientific Foundation

When individuals face OVI (Operating a Vehicle while Impaired) charges in Ohio, they may encounter various physical and mental evaluations administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand have achieved "standardized" status through the National Highway Traffic Safety Administration (NHTSA) and undergone some validation research, officers frequently employ additional tests that lack this crucial recognition. The Lack of Convergence (LOC) test represents another questionable evaluation tool that creates significant vulnerabilities in the prosecution's case.

Read More

Understanding Ohio Unemployment: Are You "Available for Suitable Work" to Receive Weekly Benefits?

/ Law Offices of Brian J. Smith, ltd/
Understanding Ohio Unemployment: Are You "Available for Suitable Work" to Receive Weekly Benefits?

As an applicant for unemployment benefits in Ohio, meeting the eligibility requirements is essential not only when you first file your claim but also each week you certify for benefits. You must be both "able to work" and "available for suitable work" during each week claimed. While the "able to work" requirement focuses on your physical capacity, the "available for suitable work" requirement deals with your readiness, willingness, and accessibility to the job market.

Read More

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

/ Law Offices of Brian J. Smith, ltd/
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.

Read More

The Modified Romberg Test in Ohio DUI Cases: A Non-Standardized Test with Questionable Reliability

/ Law Offices of Brian J. Smith, ltd/
The Modified Romberg Test in Ohio DUI Cases: A Non-Standardized Test with Questionable Reliability

When facing an OVI (Operating a Vehicle while Impaired) charge in Ohio, defendants may find themselves subjected to various physical and mental tests administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand are recognized as "standardized" by the National Highway Traffic Safety Administration (NHTSA) and have undergone validation studies, officers frequently employ other tests that lack this crucial standardization. One such test that has become increasingly common is the Modified Romberg Balance (MRB) test.

Read More

Understanding Ohio Unemployment: Are You "Able to Work" to Receive Weekly Benefits?

/ Law Offices of Brian J. Smith, ltd/
Understanding Ohio Unemployment: Are You "Able to Work" to Receive Weekly Benefits?

Applying for unemployment benefits in Ohio requires meeting certain criteria, not just when you first apply, but also on a weekly basis to continue receiving payments. One crucial requirement is that you must be "able to work" each week for which you claim benefits. This isn't always as straightforward as it might sound, especially if you have health issues or restrictions.

Read More

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

/ Law Offices of Brian J. Smith, ltd/
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.

Read More

The One Leg Stand Test: A Critical Examination of Its Validity in DUI Cases

/ Law Offices of Brian J. Smith, ltd/
The One Leg Stand Test: A Critical Examination of Its Validity in DUI Cases

The One Leg Stand (OLS) test constitutes the third field sobriety test in the standardized battery, yet its effectiveness as a reliable indicator of intoxication remains highly questionable. Despite law enforcement's reliance on this test, fundamental flaws in its design, administration, and interpretation cast serious doubt on its validity.

Read More

How Progressive Discipline Policies Affect Your Ohio Unemployment Benefits

/ Law Offices of Brian J. Smith, ltd/
How Progressive Discipline Policies Affect Your Ohio Unemployment Benefits

If your employer has a progressive discipline policy, it could significantly impact your eligibility for unemployment benefits after termination. Understanding how Ohio courts evaluate these policies in unemployment cases can make the difference between receiving benefits or being denied.

Read More

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

/ Law Offices of Brian J. Smith, ltd/
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.

Read More

The Walk and Turn Test: A Critical Analysis of Its Reliability in DUI Cases

/ Law Offices of Brian J. Smith, ltd/
The Walk and Turn Test: A Critical Analysis of Its Reliability in DUI Cases

The Walk and Turn (WAT) test represents another cornerstone of field sobriety testing, yet its reliability merits significant scrutiny. While law enforcement portrays this test as an objective measure of impairment, numerous factors undermine its validity, making it a questionable tool for determining intoxication.

Read More

Ohio Unemployment Benefits for Education Employees: Between-Terms Rules Explained

/ Law Offices of Brian J. Smith, ltd/
Ohio Unemployment Benefits for Education Employees: Between-Terms Rules Explained

For education employees in Ohio, the rules governing unemployment benefits during breaks between academic terms can be complex. Understanding these "between-terms" provisions is crucial for teachers, administrative staff, and other education workers who may find themselves without work during summer breaks or other periods.

Read More

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

/ Law Offices of Brian J. Smith, ltd/
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.

Read More

The HGN Test: A Critical Examination of Its Reliability in DUI Cases

/ Law Offices of Brian J. Smith, ltd/
The HGN Test: A Critical Examination of Its Reliability in DUI Cases

The Horizontal Gaze Nystagmus (HGN) test has become a cornerstone of DUI enforcement, yet its scientific validity and practical application deserve careful scrutiny. While law enforcement presents this test as objective evidence of impairment, numerous issues undermine its reliability as a definitive indicator of intoxication.

Read More

Religious Freedom and Ohio Unemployment Benefits: What You Need to Know

/ Law Offices of Brian J. Smith, ltd/
Religious Freedom and Ohio Unemployment Benefits: What You Need to Know

When it comes to unemployment benefits in Ohio, your religious beliefs can play a crucial role in determining your eligibility – even if those beliefs prevent you from accepting certain work or following employer policies. Understanding how religious freedom intersects with unemployment law can make the difference between qualifying for benefits or facing denial.

Read More