The Columbus Dispatch just reported that a county fired its law firm because the firm allegedly supports SB 5. Downes, Fishel, Hass and Kim are a well-respected public sector management-side labor law firm. Mahoning County fires Columbus law firm, saying it backs SB5 Friday, March 11, 2011 11:47 AM Associated Press YOUNGSTOWN — An Ohio … Continue reading Fallout from Ohio SB5 — How will Counties and Cities handle Collective Bargaining in Light of SB 5? →

Governor-elect John Kasich, in one of his first speeches following the election, singled out as problematic Ohio’s approach to the resolution of collective bargaining disputes for public sector employers and employees. Ohio, through its State Employment Relations Board (SERB), attempts to mediate collective bargaining impasses. If negotiations and mediation fail, a fact-finder is appointed. The … Continue reading End to Fact-finding and Conciliation for Public Sector Employees in Ohio? →

The Daily Labor Report adds its commentary on the recently-argued Concepcion case here: http://news.bna.com/dlln/DLLNWB/split_display.adp?fedfid=18392824&vname=dlrnotallissues&fn=18392824&jd=a0c4u8e3z2&split=0

Today House and Senate negotiators reached agreement on legislation that redefines federal oversight of the financial services industry. The agreement may have a major effect on arbitration in the financial services industry. Overlawyered reports, “Tucked away in the Obama administration’s proposals for revamping regulation of financial services is a provision that would apparently allow federal … Continue reading End of Arbitration in Financial Services Contracts? →

Today in Jackson v. Rent-A-Center West, the Court again confirmed its view that challenges to a contract which contains an arbitration agreement will go to the arbitrator, a view that it has held and repeatedly affirmed since its decision in Prima Paint in the mid 1960s. Under Prima Paint, a party may enforce a potentially … Continue reading Victory for Business in Rent-A-Center West v. Jackson →

Here is a link to an article (in which yours truly is quoted) covering the case: http://www.businessinsurance.com/article/20100502/ISSUE01/305029980. I had a nice chat about Jackson with Professor Stephen Ware at our 20th law school reunion this past weekend. After that discussion, I am torn about predicting the outcome of this case. I think that a result … Continue reading Jackson v. Rent-a-Center West →

As I mentioned in my previous post, I did plan on blogging about Jackson v. Rent-a-Center West but was side-tracked by the issuance of the Stolt-Nielsen decision. As many of you know, the question in the Jackson case is whether an agreement between a consumer and a business that sends the question of whether the … Continue reading Oral Argument in Jackson v. Rent-a-Center West →

I am very sorry to report that one of the most influential supporters of mediation in Ohio, Chief Justice Moyer, died unexpectedly today. I will miss him as a person and as a leader in the dispute resolution movement (he was a moving force behind the development of the Uniform Mediation Act and the Ohio … Continue reading Ohio Chief Justice Thomas Moyer, Champion of Mediation, Dies Unexpectedly Today →