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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Can You Take Back Your Resignation? Understanding Ohio's Rules and Unemployment Benefits Implications

/ Law Offices of Brian J. Smith, ltd/
Can You Take Back Your Resignation? Understanding Ohio's Rules and Unemployment Benefits Implications

Many people have heard stories of someone quitting in the heat of the moment, only to regret it hours or days later. Perhaps an employee submitted a resignation during a particularly stressful day, or reconsidered after learning new information about the workplace. The question becomes: can a resignation be withdrawn? In Ohio, the answer depends significantly on whether the employment is in the public or private sector, and the implications for unemployment benefits can be substantial.

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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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Obstructing Official Business in Ohio: Understanding the Boundaries Between Rights and Violations

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Obstructing Official Business in Ohio: Understanding the Boundaries Between Rights and Violations

Charges of obstructing official business often arise during tense encounters with law enforcement, yet many Ohioans remain unclear about what actions actually violate this statute. Understanding the specific requirements and limitations of Ohio Revised Code § 2921.31 proves essential for anyone facing these charges or seeking to protect their constitutional rights during police interactions.

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Understanding Work Offers While Collecting Ohio Unemployment Benefits: A Comprehensive Guide

/ Law Offices of Brian J. Smith, ltd/
Understanding Work Offers While Collecting Ohio Unemployment Benefits: A Comprehensive Guide

If you're collecting unemployment benefits in Ohio, understanding your obligations regarding work offers is crucial. Refusing a job offer without proper justification can result in losing your benefits entirely. This post breaks down the key aspects of Ohio Revised Code 4141.29(D)(2)(b) and related provisions to help you navigate this complex area.

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Understanding Disorderly Conduct Charges in Ohio: What You Need to Know

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Understanding Disorderly Conduct Charges in Ohio: What You Need to Know

Disorderly conduct remains one of the most frequently charged offenses in Ohio, yet many people misunderstand what actually constitutes this crime. Whether arising from a heated argument, an encounter with law enforcement, or alcohol-related incidents, these charges can have serious consequences that extend beyond the immediate legal penalties.

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Buyouts and Voluntary Separations: When Leaving Gets You Benefits in Ohio

/ Law Offices of Brian J. Smith, ltd/
Buyouts and Voluntary Separations: When Leaving Gets You Benefits in Ohio

Most employees who voluntarily leave their jobs cannot collect unemployment benefits in Ohio. But there's a crucial exception: if you accept a buyout or voluntary separation package offered because of a lack of work, you can still qualify for benefits under R.C. 4141.29(D)(2)(a)(ii). This exception has helped thousands of Ohio workers bridge the gap between a voluntary departure and their next opportunity.

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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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When Officers Get It Wrong: Mistakes of Fact and Law in Ohio Traffic Stops

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When Officers Get It Wrong: Mistakes of Fact and Law in Ohio Traffic Stops

Police officers make mistakes. Sometimes they misinterpret what they observe, and sometimes they misunderstand the law they enforce. The constitutional implications of these mistakes differ dramatically depending on their nature. While reasonable mistakes of fact may still support valid traffic stops, mistakes of law generally cannot justify even the briefest detention. Understanding this distinction and its consequences provides critical defenses when officers base traffic stops on erroneous beliefs.

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Temporary Agency Workers' Rights: When Ohio Law Requires You to Check Back

/ Law Offices of Brian J. Smith, ltd/
Temporary Agency Workers' Rights: When Ohio Law Requires You to Check Back

If you work through a temporary staffing agency in Ohio, you face a unique requirement that doesn't apply to other workers. Under R.C. 4141.29(A)(5), if your employment agreement requires you to contact the agency for new assignments after each job ends, failing to do so can disqualify you from unemployment benefits—even if no suitable work was actually available.

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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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DUI Checkpoints in Ohio: Constitutional Requirements and Your Rights

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DUI Checkpoints in Ohio: Constitutional Requirements and Your Rights

Sobriety checkpoints represent one of the most controversial intersections of public safety and constitutional rights. While the Fourth Amendment generally prohibits suspicionless seizures, courts have carved out limited exceptions for properly conducted checkpoints. Understanding the strict requirements for constitutional checkpoints and recognizing when law enforcement fails to meet these standards can provide crucial defenses in OVI cases. Ohio law demands careful adherence to specific procedures that limit officer discretion and protect citizens from arbitrary enforcement.

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Hearsay Evidence in Ohio Unemployment Hearings: Why Your Live Testimony Beats Written Statements

/ Law Offices of Brian J. Smith, ltd/
Hearsay Evidence in Ohio Unemployment Hearings: Why Your Live Testimony Beats Written Statements

In Ohio unemployment hearings, showing up and testifying under oath gives you a significant advantage over employers who rely on written statements from absent witnesses. While hearsay evidence is admissible in these proceedings, Ohio law recognizes a fundamental truth: sworn testimony from someone present at the hearing typically outweighs written statements from people who don't appear.

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