news brief - Reminger Attorneys At Law · news brief THIS IS AN ADVERTISEMENT. Created Date:...
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Senate Bill 5 is Up to the Ohio Voters The controversial legislation known as the Public Employees’ Collective Bargaining Law (PECBL), and commonly referred to as Senate Bill 5, was signed into law in the Spring of this year. The law was scheduled to take effect on July 1, 2011. From the outset, heated challenges to the legislation have been raised. As promised, on June 29, 2011, opponents filed petitions to place the law on the November 8, 2011 ballot. Almost 1.3 million signatures were submitted to support a referendum vote. This was more than five times the 231,149 signatures required to place the law on the ballot. Opponents are seeking to invalidate the law in its entirety. Proponents of the law defend it as vigorously as the opponents have opposed it. Upon a determination that sufficient valid signatures have been submitted by Ohio registered voters, the law will be placed on hold, and not take effect, until the outcome of the referendum vote. The process to verify the validity of signatures must be completed by July 26, 2011. If the voters reject the law through referendum vote, it will not go into effect. The law would substantially alter the landscape of collective bargaining for Ohio’s public employers and employees. The pertinent provisions of the law are as follows: • The law prohibits public employees from striking under any circumstance and imposes severe penalties for any who strike. Any public employee who would strike, or cause, instigate, encourage, or condone a strike, could be discharged or subject to other harsh disciplinary action. • The law limits the subjects of public employee collective bargaining. Public employees would no longer be permitted to collectively bargain issues of: 1) health insurance; 2) employer assistance toward employees; 3) share of pension contributions; and 4) the privatization of public service, staffing levels and related management rights. Local governments would be prohibited from paying any portion of an employee’s share of pension contributions. Public employees would also be required to pay at least 15% of their own health insurance premiums. Tenure would no longer be a significant consideration in retention and renewal of teachers’ contracts. It also would prohibit unions from automatically collecting “fair share” fees from individuals who decline to join the union. • The law eliminates the use of binding arbitration in any public employee collective bargaining dispute. Where bargaining would reach an impasse, a fact-finding proceeding would be utilized. This essentially establishes a new procedure for public employee dispute resolution. The above points encompass only a few of the challenged law’s provisions and changes. For additional information regarding the law, governmental issues or other labor-related inquiries, please contact a member of Reminger’s Governmental and Public Entity or Labor and Employment Practices Groups, who can keep you updated on the status of the law and its ultimate impact upon public employers in Ohio. This has been prepared for informational purposes only. It does not contain legal advice or legal opinion and should not be relied upon for individual situations. Nothing herein creates an attorney-client relationship between the Reader and Reminger. The information in this document is subject to change and the Reader should not rely on the statements in this document without first consulting legal counsel. Governmental/Public Entity Liability Reminger provides statewide representation to political subdivisions including county governments, municipalities, townships and villages regarding all aspects of governmental liability. Our practice group offers a wide range of expertise including defense of tort claims, civil rights claims, and disputes involving employment, zoning, land use, construction and contracts. Employment & Labor Law While the primary focus of our Employment Practices Defense Group is the defense of matters, both pre-suit and once a matter has been filed either in court or with the Employment Practices Commission, we are regularly involved in day- to-day consultation with company officers, human resources managers, and any others that have concerns with employees where legal issues are implicated. For more information, please contact: Suzanne Belot Norton [email protected] Phone: (419) 254-1311 Reminger Co., LPA One SeaGate Suite 1600 Toledo, Ohio 43604 Akron • Cincinnati • Cleveland • Columbus • Sandusky • Toledo • Youngstown • Ft. Mitchell • Lexington • Louisville July 5, 2011 news brief THIS IS AN ADVERTISEMENT
Transcript of news brief - Reminger Attorneys At Law · news brief THIS IS AN ADVERTISEMENT. Created Date:...
Senate Bill 5 is Up to the Ohio Voters
The controversial legislation known as the Public Employees’ Collective Bargaining Law (PECBL), and commonly referred to as Senate Bill 5, was signed into law in the Spring of this year. The law was scheduled to take effect on July 1, 2011. From the outset, heated challenges to the legislation have been raised. As promised, on June 29, 2011, opponents filed petitions to place the law on the November 8, 2011 ballot. Almost 1.3 million signatures were submitted to support a referendum vote. This was more than five times the 231,149 signatures required to place the law on the ballot. Opponents are seeking to invalidate the law in its entirety. Proponents of the law defend it as vigorously as the opponents have opposed it.
Upon a determination that sufficient valid signatures have been submitted by Ohio registered voters, the law will be placed on hold, and not take effect, until the outcome of the referendum vote. The process to verify the validity of signatures must be completed by July 26, 2011. If the voters reject the law through referendum vote, it will not go into effect. The law would substantially alter the landscape of collective bargaining for Ohio’s public employers and employees. The pertinent provisions of the law are as follows:
• The law prohibits public employees from striking under any circumstance and imposes severe penalties for any who strike. Any public employee who would strike, or cause, instigate, encourage, or condone a strike, could be discharged or subject to other harsh disciplinary action.
• The law limits the subjects of public employee collective bargaining. Public employees would no longer be permitted to collectively bargain issues of: 1) health insurance; 2) employer assistance toward employees; 3) share of pension contributions; and 4) the privatization of public service, staffing levels and related management rights. Local governments would be prohibited from paying any portion of an employee’s share of pension contributions. Public employees would also be required to pay at least 15% of their own health insurance premiums. Tenure would no longer be a significant consideration in retention and renewal of teachers’ contracts. It also would prohibit unions from automatically collecting “fair share” fees from individuals who decline to join the union.
• The law eliminates the use of binding arbitration in any public employee collective bargaining dispute. Where bargaining would reach an impasse, a fact-finding proceeding would be utilized. This essentially establishes a new procedure for public employee dispute resolution.
The above points encompass only a few of the challenged law’s provisions and changes. For additional information regarding the law, governmental issues or other labor-related inquiries, please contact a member of Reminger’s Governmental and Public Entity or Labor and Employment Practices Groups, who can keep you updated on the status of the law and its ultimate impact upon public employers in Ohio.
This has been prepared for informational purposes only. It does not contain legal advice or legal opinion and should not be relied upon for individual situations. Nothing herein creates an attorney-client relationship between the Reader and Reminger. The information in this document is subject to change and the Reader should not rely on the statements in this document without first consulting legal counsel.
Governmental/Public Entity LiabilityReminger provides statewide representation to political subdivisions including county governments, municipalities, townships and villages regarding all aspects of governmental liability. Our practice group offers a wide range of expertise including defense of tort claims, civil rights claims, and disputes involving employment, zoning, land use, construction and contracts.
Employment & Labor LawWhile the primary focus of our Employment Practices Defense Group is the defense of matters, both pre-suit and once a matter has been filed either in court or with the Employment Practices Commission, we are regularly involved in day-to-day consultation with company officers, human resources managers, and any others that have concerns with employees where legal issues are implicated.
For more information, please contact:
Suzanne Belot [email protected]: (419) 254-1311Reminger Co., LPAOne SeaGateSuite 1600Toledo, Ohio 43604
Akron • Cincinnati • Cleveland • Columbus • Sandusky • Toledo • Youngstown • Ft. Mitchell • Lexington • Louisville
July 5, 2011
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