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.