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 OHPELRA Files Amicus Brief in Ohio Supreme Court Case
On November 27, 2007, the Mahoning County Board of Developmental Disabilities filed a claim of unfair labor practice with the State Employment Relations Board (SERB) against the Mahoning Education Association of Developmental Disabilities for violating Ohio Revised Code (R.C.) §4117.11(B)(8) by engaging in picketing related to negotiations for a successor agreement without providing a written ten day notice as required by the statute. On April 29, 2010, SERB found in favor of the employer.
The union filed an appeal to SERB's order claiming that ten day advance notice was unconstitutional as it inhibited free speech. The Mahoning County Court of Common Pleas upheld SERB's decision finding R.C. 4117.11(B)(8) was not unconstitutional in violation of free speech.
The union appealed the case to the Seventh District Court of Appeals of Ohio. The Court of Appeals held that R.C. 4117.11(B)(8), the statute requiring ten days of notice before picketing, is unconstitutional because the law singles out a "disfavored speaker" and therefore is a content-based restriction subject to strict scrutiny. In applying the strict scrutiny test, the Court of Appeals concluded that the government had not met its burden of showing that the law, requiring ten days of notice before mere picketing, was necessary to serve a compelling state interest and was narrowly drawn to achieve that interest. Accordingly, the Court of Appeals reversed the trial court's judgment and held that the provision at issue in R.C. 4117.11(B)(8) is unconstitutional.
SERB appealed the decision to the Ohio Supreme Court and the high Court agreed to hear the case in November 2012.
OHPELRA believes that the statute is not only constitutional, but also necessary to conduct the public's business in a safe and responsible manner. Partnering with several other interested organizations, OHPELRA enlisted the firm of Downes Fishel Hass and Kim, LLP to write and file an amicus brief in support of the position that the advance notice requirement in R.C. 4117.11(B)(8) is constitutional and necessary for the uninterrupted delivery of essential public services. The OHPELRA led brief was filed Friday, February 1, 2013. Below are SERB's findings, the Appellate Court's decision, and the various brief's filed as part of the appeal to the Ohio Supreme Court:
- SERB Findings
- Appellate Court Decision
- OHPELRA Amicus
- OSBA and OASBO Amicus
- SERB, Merit Brief of Appellant
- Mahoning County Board of DD, Merit Brief of Appelant
- Amicus Brief of AFL-CIO
- Amicus Brief of OPELA, OAPSE, OAPSE, AFSCME, ONA, OAPFF, FOP, SEIU
- Merit Brief of Appellee, MEADD
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June 20, 2013
NPELRA Academy I: The Foundation of Labor Relations
Columbus
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June 21, 2013
OHPELRA Summer Program
Columbus
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October 4, 2013
OHPELRA Fall Program
Independence
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October 24, 2013
NPELRA Academy II: The Grievance Arbitration Process
Columbus
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October 25, 2013
OHPELRA Fall Program
Columbus
Details to be announced later.
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