Share

Northwest OH Legal Blog

Tuesday, December 10, 2013

Informational Pickets by Public Sector Workers: Supreme Court says to SERB, “No strike, no notice.”

Recently, the Ohio Supreme Court ruled R.C. 4117.11(B)(8), requiring public sector union workers to give ten days advance notice to the employer prior to picketing, does not apply to informational picketing.  The case, Mahoning Education Association of Developmental Disabilities v. State Employees Relations Board, arose after the union representing the employees of the Mahoning County Board of Developmental Disabilities (MCBDD) peacefully picketed outside a MCBDD board meeting carrying signs urging MCBDD to reach a settlement with the Union over the terms of a new Collective Bargaining Agreement.  The union did not give any notice to the State Employment Relations Board (SERB) or MCBDD that it intended to picket the meeting, and the picket did not involve any work stoppages or strike activity.

In response to the picket, MCBDD filed an unfair labor practice with SERB alleging the union violated R.C. 4117.11(B)(8) when it failed to give notice to MCBDD of its intent to picket the board meeting.  4117.11(B)(8) states that it is an unfair labor practice to “engage in any picketing striking or other concerted refusal to work without giving written notice to the public employer and to the state employment relations board not less than ten days prior to the action.”  After a hearing, SERB determined that the Union had committed an unfair labor practice by failing to give notice of the picket.

The Union appealed SERB’s determination and eventually the case made its way to the Ohio Supreme Court.  There, the high court noted that there are two different types of picketing.  One type of picketing is the type of picketing that is associated with protests during a strike or work stoppage.  The other type is informational picketing,  This type of picketing involves activity  that expresses “ a grievance not associated with a strike or work stoppage.” The Court went on to determine that in enacting R.C. 4117, the legislature only meant for the notice requirement to apply to picketing associated with a work stoppage or strike and not informational picketing.  Accordingly, the Court determined that no unfair labor practice had occurred.

With no advance notice needed for informational pickets, this Union tool becomes a more useful and fluid way for public sector employees to engage and win support from the public.  Public Sector employees may use the removal of this restriction to their advantage during contentious negotiations and/or grievance settlements.


Archived Posts

2017
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
March
February
January
2015
November
October
September
August
July
June
May
April
March
2014
October
September
July
June
May
April
March
February
January
2013


With offices in Toledo and Lima, OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

Disclaimer
Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.



© 2017 Allotta Farley Co., L.P.A. | Disclaimer
2222 Centennial Road, Toledo, OH 43617
| Phone: 419.535.0075
121 West High Street, 10th Floor, Lima, OH 45801
| Phone: 419.224.0075

Labor Union Representation | Taft–Hartley/Multiemployer Benefit Plans | Workers' Compensation | Unemployment/Appeals | ERISA Disability | | Attorneys

Law Firm Website Design by
Zola Creative