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One to Keep An Eye On: House Bill 53 (Ohio)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Last month, Ohio Representatives John Becker and Craig Riedel introduced House Bill 53 in the Ohio Legislature which seeks to make Ohio the next right to work state.  As a refresher, this type of right to work bill would prohibit public employee unions from requiring union membership or membership fees (also called agency fees, which are what non-union members pay to receive the collective bargaining benefits of the union).  Representative Becker pointed out that passage of House Bill 53 would "align Ohio law to federal case law."  (He is referring to the Supreme Court case from this past summer, Janus v. AFSCME.  Readers will likely recall the importance of that case).  Representative Riedel has argued that allowing an individual to be terminated because they chose not to be a part of the union is "unfair" and produces an inequitable result for workers in the state.

At one of the initial hearings on the bill, labor unions and their supporters made their opposition known.  One of the key arguments against making Ohio the 29th right to work state has revolved around the idea that a right to work bill would limit a union's resources which would consequently limit workers' access to benefits.

As some have pointed out, outgoing Ohio Governor John Kasich has not made right to work a priority during his time in office.  Unfortunately (or maybe fortunately, depending how you view right to work), incoming Governor Mike DeWine also has indicated he does not view right to work as a priority.  For the time being, while House Bill 53 might garner headlines, there does not appear to be widespread optimism that it will secure passage anytime soon.


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