By: John C. Calabrease, Attorney at Law

I hope that your workplace experiences have all been positive. Although, we strive for a harmonious work environment, unfortunately, that is not always the case. When this occurs, be mindful not to escalate situations with negative reactions, but rather, conduct yourself with restraint and decorum, which is unequivocally in your best interest. Should you be faced with a disciplinary proceeding, and wish to discuss the matter with me, and/or require legal representation, please reach out to the wonderful staff at CSEA so that we can be in contact. Not to dwell just on disciplinary-related topics, I would like to share some increasingly relevant information that you may have heard in the news regarding “right-to-work” laws:

Ohio is not one of the 28 right-to-work states that have laws prohibiting agreements between employers and unions governing the extent to which a union can require employees’ membership, payment of union dues, or fees as a condition of employment. Quite simply, right-to-work states operate under the principle that companies operate under “open shop” principles, in which, an employee cannot be compelled to join or pay the equivalent of dues to a union, nor be fired for joining a union. But Ohio Republican state lawmakers are pushing for constitutional amendments to be on the 2020 ballot to weaken union power by making Ohio a right-to-work state, wherein workers would be able to choose and decide whether or not they want to be part of a union. Democrats oppose right-to-work laws arguing that their opposition is out of “respect for ‘organized’ labor.” Additionally, the City of Cleveland could enact a right-to-work law under the authority of the State of Ohio “home-rule” allowing local governments (cities and counties) to enact local laws and pursuant to the Sixth Circuit Court of Appeals ruling in UAW v. Hardin County.

It is noteworthy to address the recent United States Supreme Court ruling in Janus v. AFSCME. As of Wednesday, June 27, 2018, public-sector employees are no longer required to pay fees to unions that represent public employees, including those fees formerly known as “fair share” or “agency” fees, in the event workers are not fully dues paying members of the union. Prior to this ruling, Ohio law required all public employees, regardless of whether they had joined the union, were still required to pay a fee to the union. Given the U.S Supreme Court’s ruling, no further money should automatically be withdrawn from paychecks absent the worker’s affirmative consent. As such, it is now unlawful for employers to take any further paycheck deductions for union membership dues or union agency fees without affirmatively “opting in.” Workers are not required to be a member of the union even though the job-description states that it is a “union job.” Union payments are no longer a compulsory condition for employment in the public-sector.

You might ask, wouldn’t right-to-work legislation be a benefit and cost savings to Ohio workers? Perhaps, but the answer is not as simple as one may think. Studies indicate that right-to-work laws lead to lower union participation, a decrease in employer-sponsored health insurance, an 8% decrease in earnings per hour and higher unemployment rates. In comparison, those advocating against right-to-work legislation argue that right-to-work has nothing to do with providing rights or work. These laws make it optional for workers protected by a union contract to help pay for the expenses that the union incurs while guaranteeing the rights of all employees. This cost savings to the worker may limit union resources and weaken workers input in regards to their jobs. Studies have shown that unionization leads to higher wages and better benefits as unions help to create the bar for wages and benefits, among both union and non-union employees.

Whether you feel right-to-work laws are “right” or “wrong,” this is a highly contentious topic that will likely be part of the political conversation leading up to future elections. Feelings toward unions depend heavily upon political lean, but it should not be overlooked, and that union agreements have protected civil service workers from the traditional at-will employment relationship wherein an employer can terminate employment for any reason or for no reason at all. Unions protections mandate that your employer must have just cause for the termination. Regardless of right-to-work laws, not paying union dues may sound like a cost savings but may not be in your best interest. You have a right to have your voice heard and change is only made when you get involved more, and not less.

I trust you all will continue to advocate for the rights of Civil Service workers!