Labor

By Dan Tokaji, the Robert M. Duncan/Jones Day Designated Professor in Law, Ohio State University, Moritz College of Law. Tokaji is also a member of the ACS Board.

On Tuesday, Ohio voters rejected Issue 2, a measure that would have sharply limited the collective bargaining rights of public-sector employees. The outcome of this measure is significant for workers’ rights. But its greatest importance lies in its significance for the balance of political power, not just in Ohio but across the country.

Issue 2 was a ballot referendum asking voters for a thumbs-up or thumbs-down vote on SB 5, a statute passed by the state legislature and signed by Governor John Kasich.  At the start of his administration, Governor Kasich took a very aggressive posture, memorably warning people to “get on the bus, or we’re going to run you over.”

SB 5 became the centerpiece of Governor Kasich’s first year in office.  The law was advertised as a way of cutting government expenses and creating a more business-friendly environment for private-sector employers.   It was supported by most Republicans and opposed by Democrats in the state legislature.

Without getting too deeply into the details of this long and complex statute, suffice it to say that SB 5/Issue 2 would have significantly weakened public-sector labor unions – including those representing police officers, firefighters, teachers, and many other local and state employees.   Not surprisingly, this change engendered fierce opposition from organized labor. Opponents collected enough signatures to put the law to a vote of the people as the state constitution allows.  

Unquestionably, the defeat of Issue 2 is a black eye for Governor Kasich. The consequences of Issue 2’s defeat, however, go well beyond Ohio’s borders. 

To see why, it’s helpful to consider what would have happened if Issue 2 had succeeded.  The measure would have dealt a crippling blow to organized labor, drastically curtailing its political influence.  This is especially significant in our post -- Citizens United world, in which there are effectively no limits on corporate campaign expenditures.  In this world, the only counterbalancing force to corporate political influence – at least the only one with enough money to make a major impact – is organized labor.