Should Ohio Senate Bill 5 be Repealed?

Efforts to repeal Ohio Senate Bill 5 signed into law by Governor Kasich have taken hold with the petition signatures having been validated for inclusion on the November 2011 election ballot.  The last step is the language to be placed on the ballot which will be decided by the ballot board expected to meet in August 2011.  The purpose of this article is to present the facts as to what is included in the law and the reasons for opposition to it by public employee unions.  Along with an opposition group, there is also a group supporting Ohio Senate Bill 5 called “Building a Better Ohio”.

The main decision to be made is to either keep the law or repeal it.  The law as it is now places limitations on collective bargaining rights of public employees.  Reports in the news sometimes make it appear that all collective bargaining rights have been eliminated. This is not true.  Unions still have the power to negotiate wages, some working conditions and issues associated with safety.  Why the law was passed will be discussed between now and November.

What will be the consequences if this law is repealed?  The first thing this will impact is the current budget passed by the legislature and signed by the Governor.  It is important to note that the budget deficit for Ohio was addressed in part by the passage of this legislation without raising taxes.  This is an important accomplishment to say the least.  States across the nation are facing budget problems and how they address them may impact the next election cycle in the respective states.  The focus and intent of the legislation is aimed at cutting costs and reducing the state budget deficit.  One thing that is clear is that when states are in financial constraints they must think outside the box to address issues that are unprecedented.

Several states across the nation have financial issues and in some ways any debt reducing agreement in Washington may increase state deficits.  This will depend on the amount of funds cut to states for federal programs which states manage.  Budgets for any state with a current projected deficit are going to require and has required controversial issues to be addressed.  Collective bargaining concerns are ones that will undoubtedly be a part of state budget decisions.  Ohio Senate Bill 5 is similar to other state’s legislation such as the issue surrounding Wisconsin with similar objectives and protests.

Granted this legislation like others is never going to be perfect and there are concerns with specific portions as it is written.  One area on which some of the attention seems to be placed is the provision to prohibit public employees from striking.  This is definitely an unpopular subject, but the question to be answered is for whom the provision is unpopular.  Clearly public employee unions are not happy with this requirement, but information about how the average voter in Ohio feels about this limitation seems to be lacking media coverage, at least in part if not entirely.

To some extent the unions have a point, except for the fact that many public employees in other states and the federal government do not allow public employees to strike.  Public employees must remember one critical thing.  They are there to serve the public for whom they work, and when they strike it is a disservice to those who are paying their salary.  I agree that public employees deserve a decent wage for the services they provide, but they need to be realistic and consider the whole picture for the financial health of this state and others with similar issues.

From now until election time, both sides must present their case regarding the new law.  It is sure to grab the attention of the media, especially in the state of Ohio.  It is also a symbol of efforts in other parts of the country to control government spending at the state and local levels.  I do believe in some collective bargaining rights for union members such as the ones previously mentioned in this article.  Information is the key, but accurate information must be provided so voters can decide if the right decisions were made by Ohio legislatures in enacting the legislation.

Another aspect of this new legislation is aimed at establishing teacher pay based on performance.  This evaluation will be accomplished based on a framework recommended by the Superintendent of Public Instruction and the State Board of Education.  While it is clear that teacher performance involves many variables for which teachers do not have control, the principle of establishing pay based on performance is a sound one.  While teachers are on the front line and have interaction with the students, they need the tools and equipment to help present their subjects in a way that students can grasp what is being taught.   Teacher pay must be consistent throughout the state, and this can only happen at the state level.  This is one instance where government has some responsibility with regards to the Ohio education system in place.    Some may feel this to be a bad decision while others may think it is needed. It is obvious that our U.S. education system is in decline, and performance standards for teachers might help to improve education in this country. People who work in the business world have to submit to performance evaluations, so why not teachers?  Many school districts are facing financial troubles in these economic times and something needs to change.  Other restrictions or mandates include such things as teachers being retested in school districts where the performance on standardized test scores are in the lowest 10% in the state.  In these instances all the variables need to be examined.

The final decision to repeal or accept this legislation will rest with the voters. How they make the decision based on their understanding of the legislation will be critical to the outcome.  In any news reporting, Ohio voters must have complete and accurate facts from both sides.  Comparing the language in relation to the objections will be important.  Another factor affecting the outcome will be the language that is placed on the ballot to allow the voters to understand the choices before them – repealing to abolish the law, or acceptance of the law. In this respect, voters will know exactly how they are voting in comparison to how they feel about the issues included in the legislation.   The decision will have an impact on the current financial health of Ohio.  It will either remain in place to allow the current state budget that has already passed and been signed by Governor Kasich to stay in force, or it will force another budget to be put in place if the law is abolished.

Related articles

• Ohio voters will get to decide fate of union law (seattletimes.nwsource.com)
• What changes does Ohio Senate Bill 5 represent? (noomizo.com)
• SB 5 outlook looks grim in latest poll (dispatch.com)
• AFL-CIO chief vows all-out effort to squash SB 5 (dispatch.com)
• Ohio voters will get to decide fate of union law (sfgate.com)