Trautner PPT · 2018. 4. 3. · 3/30/2012 1 Kelly D. Trautner, JD Deputy Executive Officer Ohio Nurses Association 1947 Ferguson Act bans strikes and Sup. Ct. decides against dues

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Kelly D. Trautner, JD

Deputy Executive Officer

Ohio Nurses Association

1947� Ferguson Act bans strikes and Sup. Ct. decides against dues deduction and contracts between unions and municipalities (largely ignored)

1958�Right to work initiative defeated 63-37%

1959� Dues check-off legislation passed

1975 /1977� CB legislation passed/vetoed

1983�Public Employees CB Act enacted 1983

• Loosely similar to private sector, plus parties must bargain over existing provisions

• Nurses classified as “safety forces” prohibited from striking

• Impasse resolution procedure culminates in binding arbitration

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� Governor- Republican win� Kasich (49.04%)

� Strickland (47.04%)

� Ohio Senate- Republicans gain 2 seats � 23(R) - 10(D)

� Ohio House- Republicans gain 13 seats� 59(R) – 40(D)

• Feb. 8- SB5 Introduced by Sen. Shannon Jones• March 1- Amendments Released

• March 2- Passes Committee (7-5)

• March 2 – Passes Senate (17-16)

• March 29- Passes House Committee (9-6)

• March 30- Passes House (53-44)

• March 30- Passes Senate (17-16)

• March 31- Governor Signs

So, what was SB5 anyway?

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• Grievances may only be based on violation of express terms of the CBA

• Mandatory Subjects of Bargaining- wages, hours, terms and conditions, except that mid-term and affects bargaining- gone

• Prohibited Subjects of Bargaining- staffing, provision of health care benefits, OT exceeding time and one-half, continuation of any practice or benefit not expressly listed in a CBA

“Permissive” Subjects of Bargaining:

SB5 Establishes bargaining subjects based on the public employer’s willingness, including, but not limited to:

• Number of persons required to be employed or laid off• Qualifications of employees• Starting and quitting time and number of hours to be worked by it employees• Determine work assignments• Determine basis for selection, retention and promotion of employees• Type of equipment used and the sequence of work processes (except nurses and

other public safety forces may bargain on equipment issues related directly to safety)

• Determine work standards and quality and quantity of work to be produced• Establish, expand, transfer, or consolidate work processes and facilities• Transfer or subcontract work

• Requires merit pay

• Prohibits overtime pay in excess of time and one-half

• Limits employer insurance contrib. to 85%

• Eliminates fair share

• Prohibits contributions to PAC through payroll dues deduction

• Allows employers to repudiate a CBA if in fiscal watch or emergency

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• Makes it an unfair labor practice to: – Encourage or engage in any secondary boycott activity – Insist on “permissive subject of bargaining” to be bargained to impasse

(including hours of work)

• Permits the public employer to communicate directly with employees so long as there is not threat of reprisal or promise of

benefit

• Changes the statutory impasse procedure to a system that permits the public employer to serve as the “arbitrator” or allows for the

issues to be placed on the ballot for voter determination

• CBA’s- meaningless

• Public employers- carte blanche• Unions – crippled

• Workers-

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Referendum is a process by which a measure, enacted by the General Assembly and signed by the Governor, is “referred” to voters.

Signatures needed to launch: 1,000

Signatures collected to launch: ≅≅≅≅ 3,000

•Ohio voters had only voted to repeal a new law 13 times since 1912.

•Of the 13, the law in question had survived only two times•

•Ballot language had always been “no” to overturn. NO on Issue 2 would repeal SB5.

•Public opinion appeared to support referendum, but it wouldn’t be a shoe-in.

• 6% of total votes cast in 2010 gubernatorial election

– 231,149 signatures

• Signatures must come from 44 of 88 Counties• 3% of total votes cast in 2010 gubernatorial

election in each of those 44 of Ohio’s 88

counties

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In favor of Repeal

• Believe Ohio is off track• Safety perils• Takes public emp’ee rights• Removes public emp’ee voice• Exemption (of upper

management/ pol. appt’ees

• Takes away local govt discretion

• Fines 2X pay for strikers

Opponents of Repeal

• Believe Ohio is off track• Public employee health

insurance contribution

• Public employee pension• Public employee pay

• Signatures submitted: 1,298,301– Previous record was 812,978

• Valid signatures: 915,45670% validity rate!

• DOUBLE required percentage in ALL 88 counties

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Campaign Polling and Member profiling

(voter modeling) drove the messaging:

• Safe RN staffing• Voice in safe healthcare work

environment

• Workload that allowed adequate time at the bedside

• Safe number of hours and rest breaks

General Public

• Presentation and testimony to legislature• Media releases

• Press events• Branding

• Campaign materials

• Publicly accessible social media

General Public

• Social Media

• Community forum

• Partnership

• www.nursesrepealsb5.org

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ONA Members

• Conference Calls

• Webinars

• Central Line and Ohio Nurses Review

• Continuing Education events

ONA Members

• Worksite communication

• Phones– Phone Bank– Tele-town hall– Robocall

• Mailers

• Candlelight vigil

• National Federation of Nurses• SNA’s• Ohio AFL-CIO• OAPFF and other Ohio Protector Groups• Joint litigation group• We Are Ohio• America Votes

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Thank you, Oregon Nurses!!!!!

• Election law changes

• Healthcare repeal efforts

• Public animus toward unions, but…

Margin of victory 61% to 39%