Q:       What is collective bargaining?

A:        Collective bargaining is the negotiation of matters regarding employees’ wages, benefits and other terms and conditions of their employment. Collective bargaining occurs between the employer’s representatives and the union, which the employees have selected to be their exclusive bargaining representative. 

Q:       What law governs collective bargaining?

A:        Most private employers are covered by the National Labor Relations Act (NLRA), which is enforced by the National Labor Relations Board (NLRB). Some businesses in the railroad and airline industries are covered under the Railway Labor Act, and some very small enterprises may not be covered at all. Civil servants in the federal government are covered by the Civil Service Reform Act, and state, county and municipal workers fall under state or local laws. Postal workers are covered under the Postal Reorganization Act, the NLRA and the Labor Management Relations Act.

            Public employers are also governed by the state’s collective bargaining law, which, in Ohio, is enforced by the State Employee Relations Board (SERB). State collective bargaining laws limit the right of certain workers, such as police and firefighters, to strike. These workers are subject to final offer arbitration, known in Ohio as conciliation.

Q:       What must be included in a collective bargaining agreement?

A:        The law does not dictate contract terms and neither the NLRB nor SERB will impose terms upon the parties without their agreement. Rather, the law provides a framework so management and labor can negotiate a contract governing wages, hours and working conditions. The law limits the unilateral power of employers, protects workers’ rights to organize and engage in “concerted activity for mutual aid and protection” and prohibits discrimination against workers who exercise these rights.

Q:       What does it mean to bargain “in good faith?”

A:        It means that the parties must negotiate with honest intentions about the wages, hours, terms and conditions of employment and provisions of a collective bargaining agreement. Good faith is mutual obligation to meet at reasonable times and places, and to bargain with the intention of reaching agreement or resolving contract questions. “Hard bargaining” (taking a strong position on an issue) does not violate the law, but the following approaches constitute bad-faith bargaining and do violate the law:

·       surface bargaining (going through negotiation motions without intending to reach an agreement);

·       a “take-it-or-leave-it” approach; and

·       refusing to meet, delaying meetings or failing to give the chief negotiator sufficient authority to make agreements.

           
            If either party fails to bargain in good faith, the other may file an unfair labor practice charge. Good faith is determined based on the totality of circumstances.

Q:       Must an employer bargain with the employee’s union over everything?

A:        No. The law recognizes these three types of bargaining subjects:

·       Mandatory subjects involve issues of wages, hours and working conditions. The parties have to bargain over mandatory subjects.

·       Permissive subjects involve subjects other than wages, hours and working conditions (e.g., ground rules for negotiations, settlement of unfair labor practice charges or pension benefits). These may be voluntarily discussed but cannot be bargained to impasse, and either party may refuse to bargain over a permissive subject. If the parties do reach agreement on a permissive subject and incorporate it into a collective bargaining agreement, then they must abide by that agreement.

·       Illegal subjects include any proposal that violates National Labor Relations Act (NLRA), the Public Employees Relations Act (PERA), the Civil Service Reform Act (CSRA) and/or any other federal, state, county or municipal law. Illegal agreements/provisions are void and cannot be enforced.

Q:       May an employer change employment conditions during bargaining?

A:        No. Employers must maintain the “status quo” regarding existing wages, hours and working conditions, even if a contract has expired—unless there is an impasse in negotiations. An impasse means that neither party is willing to compromise further to reach an agreement. If a legal impasse has been reached on an issue, the employer may then unilaterally impose on its employees its last offer regarding that issue. For certain public employees (e.g., police and firefighters), the employer must maintain the status quo until an agreement is reached, either mutually or through conciliation.

           

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by attorney Margaret J. Lockhart, an OSBA Certified Specialist in Labor and Employment Law who is associated with the firm of Marshall & Melhorn. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       How do I get a Social Security number for the new baby we’re expecting?
A:        When you apply for your baby’s birth certificate, you can apply for a Social Security number at the same time. If you have the baby in a hospital, you can complete both applications before you leave the hospital. Learn more about Social Security cards through www.socialsecurity.gov/pubs.

Q:       We adopted a baby girl from overseas and brought her to the U.S. Can we get a Social Security number for her?

A:        Yes. Generally, you must complete an application for a Social Security card (Form SS-5 (see www.socialsecurity/gov/ssnumber).

You must provide:

1)     documents that prove your child’s U.S. citizenship or immigration status; adoption; age; and identity;

2)     a document proving your identity;

3)    evidence establishing your relationship to the child. (You can use the adoption decree or the child’s amended U.S. birth certificate for this purpose.)

            Usually, you can mail or take your application and original documents to your local Social Security office. All documents must be originals or copies certified by the issuing agency. You will receive your child’s number and card by mail once the Social Security office has verified your documents.
            If you do not yet have proof of your child’s citizenship, a Social Security number may be assigned based on Department of Homeland Security documentation issued when your child first arrived in the U.S. Once you’ve received your child’s citizenship documentation, take it to the Social Security office so your child’s record can be updated.

Q:       Can I use a plastic version of my paper Social Security card?

A:        The Social Security Administration does not recommend using plastic or metal versions of your card, or making copies of or laminating your paper card, or carrying your card with you. Generally, you will only need to produce your Social Security card when you apply for employment. Keep any document that includes your Social Security with your important papers, and question anyone other than your employer who asks for your number or your card. Learn more at www.socialsecurity.gov/ssnumber.

Q:       How do I change my name on my Social Security card?
A:        Gather documents proving your legal name change (e.g., marriage license, divorce decree, certificate of naturalization showing a new name, or a court order showing your name change). Also collect evidence of your identity (driver’s license or state-issued ID) and your U.S. citizenship or immigration. Then, complete an application for a Social Security card and take it, along with your documents, to your local Social Security office. Documents must be originals or copies certified by the issuing agency. Mailed documents will be returned with a receipt. Once the Social Security office receives the application and documents, your new card will be mailed to you. It will show your old number and your new name.

Q:       If I lose my Social Security card, can I replace it?
A:        You should know your Social Security number, but you may not need to replace your card, since you will rarely need to show it. However, if you want to replace your card, you can take or mail an application to your local Social Security office, along with original documents or certified copies from the issuing agencies, proving your identity and your U.S. citizenship or your current work-authorized immigration status. If you are a noncitizen without a work permit, you must provide a letter from a federal, state or local government agency stating that you meet the requirements for a Social Security benefit and explaining why you need a number.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       Can children testify in a divorce or custody trial?  

A:        Yes, children are allowed to testify in a divorce or custody trial if they are 10 years old or older. Children under 10 may also testify if they appear able to correctly and truthfully explain facts to the court.

Q:       How does a court decide if a child is able to tell the truth or remember facts correctly?

A:        If there is any question about a child’s ability or willingness to tell the truth or accurately remember information, the judge will interview the child to determine if the child can testify. The judge or magistrate will talk with the child about the difference between truth and a lie and will ask general questions about the child and his/her family, friends, pets and school. If the court determines that the child can answer questions and can correctly and appropriately relay information to the court, then the child will be allowed to testify.  

Q:       Can a child witness be asked the same questions as an adult witness?

A:        Although there are no restrictions on the sorts of questions a child can be asked, many factors are considered when deciding what questions should be asked of a child witness and how they should be asked. Depending on the child’s age and maturity, questions must be asked in a way that the child can understand and correctly answer. For example, a child should be asked direct, clear questions one at a time using age-appropriate vocabulary. Individuals should be described using names that are familiar to the child (e.g., “Uncle Johnny”) rather than pronouns. Children may say “I don’t remember” when they really mean “I don’t know” because they may believe that not knowing an answer can get them in trouble. The questioner should explain that “I don’t know” is an acceptable answer.

Q:       Can my son’s wishes or observations be presented to the court without making him testify?

A:        Yes. In fact, children do not ordinarily testify before the court in a divorce or custody case. In most cases, where there is a disagreement about who will have custody or the amount of time a child will spend with each parent, the court will appoint a guardian ad litem to investigate the child’s situation. Following this investigation, the guardian ad litem is responsible for reporting to the court what he or she believes is in the child’s best interest. However, even if the court appoints a guardian ad litem for your son, the judge or magistrate can still interview him. This type of interview, called an “in camera” interview, would occur in private with the judge or magistrate, your son and his guardian ad litem and/or attorney, and will be conducted without either parent being present. The court can use this method of interviewing your son and determining his wishes rather than requiring him to sit in the courtroom and answer questions in front of you and his other parent.  

Q:       What kinds of questions does a judge or magistrate ask a child in an “in camera” interview?

A:        Each judge or magistrate handles talking to a child differently.  The questions asked will differ depending on the age of the child and the issues that must be decided in the case. For example, children may be asked questions about their likes and dislikes and sometimes their memories of certain important events that may impact the court’s decision on the case.  

This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association (OSBA). It was prepared by Joseph Nigh, a partner in the Columbus firm of Tyack, Blackmore, Liston, & Nigh, who practices primarily in the area of family law. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

With the popularity of crime dramas on television, most Americans have heard the Miranda warnings, which law enforcement officers must give before you are taken into custody for interrogation by any U.S. local, state or federal government authority:

·       You have the right to remain silent.

·       Anything you say can and will be used against you in a court of law.

·       You have the right to talk to a lawyer and have your lawyer present with you while you are being questioned.

·       If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.

·       If you give up your right to remain silent, and later wish to stop answering questions, no further questions will be asked.

While we have all heard them, comparatively few of us truly understand the impact of the 1966 United States Supreme Court decision in Miranda v. Arizona, 384 U.S. 436 (1966).

Q:       How do I know if I am in custody?

A:        Circumstances vary, but generally, if a reasonable person does not feel free to leave the presence of governmental law enforcement, then that person is said to be “in custody.” If you are in custody, you must be informed of your Miranda rights, and agree to waive those rights, before authorities may ask you any questions.

Q:       What happens if I waive my Miranda rights?
A:        Waiving your Miranda rights means that you agree to answer questions, even without a lawyer present.  Governmental authorities who routinely arrest and question individuals about alleged criminal acts often provide Miranda waiver forms. People can read their rights and sign the form to say they are giving up their Miranda rights and consenting to questioning while in custody. However, as long as you have heard and understood your Miranda rights, but go ahead and speak with authorities or answer their questions, then your behavior is a valid waiver of those rights, even if you have not signed any paper.

Q:       What if I want the authorities to stop questioning me?

A:        You cannot simply remain silent if you want authorities to stop questioning you. Instead, you must say, out loud, “I wish to remain silent” or “I am requesting legal counsel.” Then, authorities must immediately stop questioning you while you are in custody.

Q:       Is there any circumstance where police don’t have to give the Miranda warnings?
A:        Yes. There is a rarely-used exception that lets authorities take a suspect into custody without reading the Miranda rights when there is a risk to the public’s safety. This exception made headlines after Boston Marathon bombing suspect Dzhokhar Tsarnaev was apprehended.

Q:       If I say I want to remain silent, does my right to remain silent last forever?

A:        No. Even if you are in jail or in police custody, the police can question you again after 14 days.  Also, if, for example, you are arrested, remain silent, are released, and then are arrested a few days later, you need to re-assert your right to remain silent. Also, if you invoke your rights but then just keep talking, you lose that protection.

Q:       What if I am in government custody and authorities are interrogating me, but haven’t read me my rights?

A:        Assuming there was no public safety or other exception, your attorney will file a “motion to suppress” any incriminating statements you may have made to the authorities. In this motion, your attorney will ask the court to rule that the prosecutor may not use any of your statements at your trial because that would violate your rights. If the prosecutor has a very weak case and little evidence against you other than your statement, such a ruling may convince the prosecutor to dismiss your case or offer you a favorable plea agreement. Or, the exclusion of your statement may mean you will not be convicted. However, if you are caught by seven witnesses and 12 video cameras showing you swinging out of a bank vault with cash that is not yours, the outcome of government’s case against you is very unlikely to be affected by any failure to inform you of your rights.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Attorney Aaron T. Baker, a solo practitioner in Willoughby, Ohio, and Matthew C. Bangerter, a solo practitioner in Mentor, Ohio.  Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.