Posted by Van D. Keating on 9/21/2018

OSBA’s Division of Legal Services will be offering a new seminar on October 1, 2018, focusing on the basic theories and practices of collective bargaining.

 

At  the workshop,…

Posted by Van D. Keating on 6/27/2018

In a 5-4 decision, the US Supreme Court ruled today that the State of Illinois’ extraction of agency fees from non-consenting public-sector employees violates the First Amendment.

The decision, in Janus v. American Federation of State, County and Municipal Employees,

Posted by Megan E. Greulich on 6/8/2018

OSBA’s Division of Legal Services always is looking for ways to provide our members with new and useful resources. We’ve been hard at work during the first half of 2018 updating existing resources, creating new ones and planning workshops to provide members with the latest and greatest school law-related information. Here are just a few of the resources and events available to…

Posted by Sara C. Clark on 10/12/2017

In 1977, the U.S. Supreme Court ruled in Abood v. Detroit Board of Education that public-sector unions may be allowed to charge non-members an agency fee, also known as “fair-share.” These fees must be used strictly for the union’s overhead and administrative costs, such as the expenses incurred in negotiating contracts that benefit and apply to all employees, including those who are not dues-paying members of the union.…

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Posted by Jennifer Hardin on 12/1/2016

Earlier this year, the OSBA Legal Assistance Fund (LAF) was asked to support the Tolles Career and Technical School Board of Education.  The LAF board of trustees voted to write an amicus brief on behalf of the board and to provide assistance with the cost of the litigation.  On November 21, the 12th Appellate District Court decided in favor of the board of education. 

In the case, Tolles Career & Technical School Bd. of Edn. v. Tolles Edn. Assn.the court was…

Posted by Sara Clark on 7/17/2015

On July 6, 2015, the U.S. Department of Labor (DOL) published its much-anticipated proposed changes to the Fair Labor Standards Act (FLSA). These proposed regulations are the response to President Obama’s March 2014 directive to the Secretary of Labor to “update and modernize” the overtime exemption rules under the FLSA. If adopted, the changes will have a significant impact on employers’ abilities to treat certain employees as exempt from receiving overtime compensation.

Current regulations

The FLSA is a federal law that sets forth minimum wage, overtime,…

Posted by Sara Clark on 9/6/2013

The OSBA Legal Assistance Fund (LAF) recently assisted the Strongsville City School District Board of Education by submitting a amicus curiae brief supporting the district's position in a public records case.

On March 4, the Strongsville Education Association (SEA) began a labor strike of the district's facilities. The school board hired temporary replacement teachers and continued operating the schools. The strike continued until April 28, when the parties approved a successor collective bargaining agreement.

On March 5, two attorneys served various public records requests…

Posted by Candice Christon on 8/6/2013

During 2009, the Martins Ferry City School District experienced financial difficulties. As a result, contract negotiations between the board of education and the Ohio Association of Public School Employees, Local 4 AFSCME and its Local 546 (OAPSE) resulted in a collective bargaining agreement (CBA) that did not provide a wage increase in 2009, but included wage reopener provisions for 2010 and 2011.

In January 2010, the board implemented a 5% uniform salary reduction. OAPSE filed grievances after the reduction was implemented alleging that the uniform salary reduction violated the…

Posted by Sara Clark on 9/17/2012

The OSBA Legal Assistance Fund (LAF) recently provided support to the Chardon Local School District Board of Education by providing financial assistance in a teacher termination case.

In 2010, a teacher employed by the Chardon Local School District caused a head-on collision with another automobile, resulting in severe injuries to the driver of the other vehicle. The teacher, who admitted that she had been drinking before the collision, lied to the investigating police officer by telling him that her husband was driving the car involved in the collision. Only after the officer…

Posted by OSBA Legal Ledger on 4/6/2010

There are special rules in place for teachers and other instructional employees who take leave under the Family and Medical Leave Act (FMLA) at or near the end of the school year. The federal regulations contemplate three different scenarios, depending on when the employee takes the leave.

  • More than 5 weeks until summer. If an employee begins FMLA leave more than five weeks before the end of the term, the district may require the employee to continue taking leave until the end of the term if the leave…