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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2010 > December > 13 > Entry
Editorial: Kasich right that labor law is too one-sided
Gov.-elect John Kasich is more conservative than any of the state’s Republican governors going back a half-century. So it’s no great surprise to hear him saying things that labor unions don’t like.
During his campaign, he was asked if wants to make Ohio a “right-to-work” state. The question was a reference to an old fight about “union shops,” wherein it’s against the law to require workers to be in a union. He said he had no interest in going there. And he insisted he has no hostility to unions.
But because the governor won an election promising to cut government spending and Ohio is looking at a staggering deficit, conflict is coming.
Last week, Mr. Kasich said he doesn’t believe in the right of public employees to strike. He also doesn’t believe the state should have to pay private construction workers on government projects what’s called the “prevailing wage.” And he wants to rescind at least a part of the state’s collective-bargaining law, passed under Democrats without any Republican support.
He has genuinely legitimate concerns. After all, he’s supposed to defend taxpayers, and there’s no question that public employees’ salaries and benefits represent the biggest-ticket items in many governments’ budgets. Especially public employee pensions have to be brought under control.
Also, one need not be a conservative Republican to see the problem with state law on collective bargaining as it relates to police and firefighters. That law requires binding arbitration in the event of an impasse in negotiations. If a city and its unions cannot reach agreement, a state arbitrator decides what the next contract will be.
The idea is to avoid strikes. The law has done that, but at a cost and a loss of tremendous management authority.
Arbitrators sometimes make decisions that amaze reasonable observers of a city’s finances. Some seem to assume that a government’s only financial responsibility is to pay its workers. The city in question can appeal an arbitrator’s decision to the courts. Still, arbitration power is an awfully big power to give one unelected official, who is typically from out of town and doesn’t have to live with the consequences.
In his comments last week, the governor-elect didn’t say how he proposes to fix the collective-bargaining problem, just that there must be a better way to keep safety forces from striking. Looking for one is a good idea. He did say, though, that “if they want to strike, they should be fired.” He didn’t specify what he’ll be proposing on other aspects of labor law either.
“We are going to have collective bargaining reform,” he said. “It’s just a matter of how far we go.”
As a result of the recession, many public employees have been laid off. Others have taken effective pay cuts via furloughs. Nevertheless, the notion is widespread that public employees haven’t paid the kind of price in salary and benefit reductions that private employees have in this economic downturn.
So the governor-elect has the wind at his back. The danger is that Republicans, now having the kind of sweeping control of the state government that Democrats had when they shaped the state’s approach to collective bargaining, will be equally determined to use that power — and be equally partisan — and will create a different system that has a whole new set of problems.
Is there something that needs to be fixed? Absolutely.
Should the premise be that public employees are the enemy? No.
Permalink | Comments (36) | Post your comment | Categories: Editorials, Law Enforcement and Public Safety, Martin Gottlieb, Ohio government, Ohio politics
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By Kurt
December 13, 2010 6:15 PM | Link to this
Not a bad piece for once Marty. As Teddy Roosevelt said once, there is no right to strike against the public trust. Both Jerry(Moonbean)Brown and John Kennedy, signed laws allowing collective barganing and the right to strike of public employees, and they were both wrong. What a witches brew it has been to the blue states, that the red states will have to pay for. Sooner or later, the grown ups, are brought in to clean up the mess the kids(democrats)make.
By Common Joe
December 13, 2010 9:21 PM | Link to this
I think the DDN editorial board must have been abducted by aliens, because there is no way they could have written this.
By irishguy
December 13, 2010 9:36 PM | Link to this
I knew it was frigid, but hell must have froze over. A DDN editorial claims Kasich is right???
By Freud
December 14, 2010 12:39 AM | Link to this
There are five stages of grief. They are: Denial, Anger, Bargaining, Depression, and Acceptance. Martin, you are at journey’s end.
By John
December 14, 2010 6:13 AM | Link to this
All one has to do is look to the absurdity of arbitration rulings at the Montgomery County Sheriff’s Office. Employees who were fired for improper relationships with “inmates”, thieves, overt ubuse of the “use of force” policy”, etc… Many, many of these individuals were brought given their jobs back through some ridiculous “bifercated” decision.You go Kasich.
By Thelma Slade
December 14, 2010 6:40 AM | Link to this
I am impressed with Kasich so far. He may be a good candidate to fight the healthcare bill as it is unconstitutional to force American people to purchase health insurance. It was also illegal for Acorn to do what they have done. So Obama was their lawyer, eh? Good going, Kasich.
By Ralph
December 14, 2010 8:36 AM | Link to this
Just as I finished creating a website to bash the DDN for it’s consistent one sided views (www.daytondailynewssucks.com) Marty throws a shocker by admitting something is broke in the system of public employee labor unions. Amazing.
By Tiger Joe
December 14, 2010 9:03 AM | Link to this
Seems like some heavy reading is in order. The reason binding arbitration is in place for police and fire is to prevent work stoppages, which unarguably jeopardize public safety. The arbitrators have established criteria for proving their case, they don’t enjoy unfettered discretion. And,they don’t get to fashion their own solution- they are bound by selecting between the last offers of the parties. So, an ureasonable, pie in the sky offer almost assuredly fails. And, it is not a “state” arbitrator who hears these cases. The unions would question his or her impartiality if that were the case. It is a state approved arbitrator who must reside in the state (i.e., be a taxpayer with a vested interest in the health of the government). So we should take this mechanism away, then fire these employees when they strike? Good luck attracting top talent to fill the empty ranks of your safety forces. I challenge the author to do a thorough reading of the both the Revised Code and Administrative Code governing public sector collective bargaining. As a conservative pragmatic, I realize nothing is perfect. But, relying on rhetoric and media (two super-reliable sources) to formulate an opinion is irresponsible and counter to everyone’s interest.
By Tiger Joe
December 14, 2010 9:05 AM | Link to this
Seems like some heavy reading is in order. The reason binding arbitration is in place for police and fire is to prevent work stoppages, which unarguably jeopardize public safety. The arbitrators have established criteria for proving their case, they don’t enjoy unfettered discretion. And,they don’t get to fashion their own solution- they are bound by selecting between the last offers of the parties. So, an ureasonable, pie in the sky offer almost assuredly fails. And, it is not a “state” arbitrator who hears these cases. The unions would question his or her impartiality if that were the case. It is a state approved arbitrator who must reside in the state (i.e., be a taxpayer with a vested interest in the health of the government). So we should take this mechanism away, then fire these employees when they strike? Good luck attracting top talent to fill the empty ranks of your safety forces. I challenge the author to do a thorough reading of the both the Revised Code and Administrative Code governing public sector collective bargaining. As a conservative pragmatic, I realize nothing is perfect. But, relying on rhetoric and media (two super-reliable sources) to formulate an opinion is irresponsible and counter to everyone’s interest.
By Tiger Joe
December 14, 2010 9:06 AM | Link to this
Seems like some heavy reading is in order. The reason binding arbitration is in place for police and fire is to prevent work stoppages, which unarguably jeopardize public safety. The arbitrators have established criteria for proving their case, they don’t enjoy unfettered discretion. And,they don’t get to fashion their own solution- they are bound by selecting between the last offers of the parties. So, an ureasonable, pie in the sky offer almost assuredly fails. And, it is not a “state” arbitrator who hears these cases. The unions would question his or her impartiality if that were the case. It is a state approved arbitrator who must reside in the state (i.e., be a taxpayer with a vested interest in the health of the government). So we should take this mechanism away, then fire these employees when they strike? Good luck attracting top talent to fill the empty ranks of your safety forces. I challenge the author to do a thorough reading of the both the Revised Code and Administrative Code governing public sector collective bargaining. As a pragmatic conservative, I realize nothing is perfect. But, relying on rhetoric and media (two super-reliable sources) to formulate an opinion is irresponsible and counter to everyone’s interest.
By FAM
December 14, 2010 9:07 AM | Link to this
Ralph - Don’t stop the website. I am hoping that Kurt, R.R., and the other extremely biased and unanalytical commenters will be drawn to your site, and leave the DDN site for those that prefer to provide objective comments, and share facts, rather than name calling and spreading fanatical opinions.
By Squirrellygirl
December 14, 2010 9:12 AM | Link to this
Kasich for President! Go Kasich!!
By Ralph
December 14, 2010 9:14 AM | Link to this
@Fam - You’re comments are welcome there too. Unlike the DDN I allow comments on news of the day and will not delete your opinions - no matter how obstinate.
By FAM
December 14, 2010 9:40 AM | Link to this
Ralph - Thank you for the invitation. The discussion I prefer is like those like Tiger Joe just provided, and even John, although his comments appear overly generalized. I find no value in the rants and predictable comments of those like Squirrellygirl.
By Bill
December 14, 2010 10:29 AM | Link to this
The Kasich climate is now to attack any and all established by Democrats. I am sure there will be many comments on ralphs site by all manner of Rodents…I’ll pass
By ironmyke
December 14, 2010 11:22 AM | Link to this
Decades of “globalization” dismantled America’s manufacturing base, exporting many millions jobs to cheap labor Asian countries. The standard of living for millions of private sector workers who used to be middle class subsequently has fallen. An unregulated Wall Street did major damage to these peoples’ retirement funds and the value of their homes. The health, drug, and medical industries have raised their prices to the point insurance has become prohibitively expensive or not available. Now public sector workers get their turn in the barrel. Misery loves company, you know.
By ironmyke
December 14, 2010 11:29 AM | Link to this
Decades of “globalization” dismantled America’s manufacturing base, exporting many millions jobs to cheap labor Asian countries. The standard of living for millions of private sector workers who used to be middle class subsequently has fallen. An unregulated Wall Street did major damage to these peoples’ retirement funds and the value of their homes. The health, drug, and medical industries have raised their prices to the point insurance has become prohibitively expensive or not available. Now public sector workers get their turn in the barrel. Misery loves company, you know.
By Retired Sgt
December 14, 2010 11:59 AM | Link to this
Tiger Joe has touuched on some of the reasons why arbitration is necessary in dealing with Public safety contract. Ohio law restricts any job action by public saefty forces. That includes strikes, slowdowns, stoppages and “Blue Flu.” Without arbitration, Fair public safety contract negotiations are held hostage by the municipalities who may not wnat to bargain fairly. I agree that the Arbitration process is flawed though. Under current arbitration law, the arbitrator muust choose which side has presneted the best case, and rule wholly with that side. There should be a mechanism in place where the arbitrator can piecemeal both sides position and come to a fair agreement for all.
By Mike R
December 14, 2010 12:28 PM | Link to this
The world becoming more and more globalized was inevitable and there are benefits to globalization too. Go to Wally World and look at all the gadgets, trinkets, and gizmo’s, that everyday Americans take for granted. People shopping there wouldn’t be able to afford those goodies if it weren’t for overseas manufacturing. An “unregulated Wall Street” wasn’t the case—the SEC, CFTC, and many other gov’t agencies have plenty of regulations on their books to enforce and monitor. The housing crisis, which diminished the value of many homes, had it’s roots back directly to the GSE’s of Freddie and Fannie…
By public employee
December 14, 2010 12:40 PM | Link to this
Arbitration doesn’t work because the arbitrators are biased toward the unions. Always. And if the the union’s “last best offer” was “pie in the sky” destined to destroy the organization, that’s what the arbitrator decides. AND btw, I pay 10% of my own not-munificent salary toward my own pension. A well run pension system is not hurting the state. OPERS has been very proactive about proposing increasing the retirement age, lowering health insurance benefits, and changing the payout formulas. These are all reasonable actions awaiting legislative approval. Don’t mindlessly bash what you don’t know. There are bad pension plans out there—Cincinnati’s city plan is a disgrace—but don’t lump them all together.
By null/b
December 14, 2010 4:44 PM | Link to this
My concern is that unions are in non-profit, Medicaid facilities, owned and operated by the County. Costs are outrageous, so levies become necessary to pay the necessities, the rest goes to off-the-chart salaries & benefits for staff.
By null/b
December 14, 2010 4:45 PM | Link to this
My concern is that unions are in non-profit, Medicaid facilities, owned and operated by the County. Costs are outrageous, so levies become necessary to pay the necessities, the rest goes to off-the-chart salaries & benefits for staff.
By null/b
December 14, 2010 4:45 PM | Link to this
My concern is that unions are in non-profit, Medicaid facilities, owned and operated by the County. Costs are outrageous, so levies become necessary to pay the necessities, the rest goes to off-the-chart salaries & benefits for staff.
By null/b
December 14, 2010 4:46 PM | Link to this
My concern is that unions are in non-profit, Medicaid facilities, owned and operated by the County. Costs are outrageous, so levies become necessary to pay the necessities, the rest goes to off-the-chart salaries & benefits for staff.
By null/b
December 14, 2010 4:46 PM | Link to this
My concern is that unions are in non-profit, Medicaid facilities, owned and operated by the County. Costs are outrageous, so levies become necessary to pay the necessities, the rest goes to off-the-chart salaries & benefits for staff.
By john strukamp
December 15, 2010 8:43 AM | Link to this
Ohio’s collective bargaining law works. No strikes in 20 years. Wages for police and firefighters are in line with other states, and similar dangerous occupations. Who feels police and firefighters in Ohio are over compensated? Governor elect Kasich is still in Fox talking points mode, he cannot govern that way. If he gets his way on these issues all other workers, public and private, are next to be attacked. Business profits before all else looks like his guiding principal.
By tiredofit!
December 15, 2010 8:01 PM | Link to this
although i always felt that going on strike was the biggest mistake working people can make. that they should still should have the right to do so.john kasich is mostly out of touch with working people and his anti union stance will be a good reason to make him a one term gov.
By Bill Plum
December 15, 2010 9:10 PM | Link to this
The Ohio Collective Bargaining Law passed in 1983 by the then darling of the DDN, Dick Celeste has proven to cost the taxpayers of Ohio MILLIONS of dollars. These dollars have been spent on the “Arbitration” financial culture. Prosecuting Attorneys have to be employed to fight the union lawyers who have to defend the typical worthless union worker on disciplinary actions etc… Just look at the debacles that have happened at the Montgomery County Sheriff’s Office since 1985. Employees having sex with inmates,confidential informants, prostitutes, underage youth, thieves, policy violations, etc… These have all been “arbitrated” at great costs to the taxpayers, it gets really funny because the “fair and impartial” arbitrators have reinstated these losers disproportionately to those removed.
By Stephen Lahanas
December 16, 2010 10:09 AM | Link to this
It is counter-intuitive and bizarre to endorse the notion that the best way to deal with an economic decline is to ensure that everyone suffers and that no one should expect job security. The propaganda attack on government employees if of course the prelude to job cuts, salary cuts and benefit cuts. The only impact this will have is to drive all of us deeper into Recession as no one will have job security or confidence in their economic futures. The “misery loves company” strategy will ensure a miserable outcome for the state and the nation…
By dale
December 16, 2010 4:37 PM | Link to this
Typical republican answer. Republicans hate organized labor . They blame unions for everything that has gone wrong in this country. From Pearl harbor to the Lindberg kidnapping organized labor did it. If you take away a persons right to strike management will never deal with you fairly .
By Dale is a maroon
December 17, 2010 9:54 AM | Link to this
Nuff said
By DPS Teacher
December 17, 2010 11:19 AM | Link to this
dale is correct. we just got our newly revised history books, written by the Obama administration and Michael Moore, and they clearly say the surprise attack on Pearl Harbor was by white, greedy, businessmen and managers. Not the Japanese as previously thought. These Republican business owners, many who owned tank factories, ship yards, gun & bullet plants, and cotton plantations staged this attack so they could sell their wares to the government and profit off of the people’s back. In newly discovered documents on Dec. 8, 1941 many of those business owners were blaming the unions and they set up internment camps on the west coast for union employees so they couldn’t sabatoge their factories. They kept these union people and their families locked up in those camps until they broke the unions. In Aug. 1945 the government signed agreements with these evil business people dissolving the unions. There was a signing ceremony on the USS Missouri (it was built with union slave labor by the greedy white business ship builders) in the Bay of San Francisco. That’s why San Francisco is so liberal today. People there saw with their own eyes what these nasty and evil business owners did.
By Great in Dayton
December 19, 2010 12:05 AM | Link to this
Why stop at the public unions. Go for them all. Private employees are in dire need for Right to Work legislations as well as discriminated workers that don’t want to belong to the union and pay dues. Kasich should hit them now we have the numbers. If we can get rid of the forced dues it will take money out of the Democrats pockets for elections. We could set them back so far they could not win dog catcher.
By Great in Dayton
December 19, 2010 12:05 AM | Link to this
Why stop at the public unions. Go for them all. Private employees are in dire need for Right to Work legislations as well as discriminated workers that don’t want to belong to the union and pay dues. Kasich should hit them now we have the numbers. If we can get rid of the forced dues it will take money out of the Democrats pockets for elections. We could set them back so far they could not win dog catcher.
By A person in the know
December 19, 2010 11:15 PM | Link to this
Think about it. Perhaps this Kasich is the reason why there SHOULD BE unions. He wants all to live with being dismissed or non renewed or fired or terminated and say nothing about it. The voters of Ohio will want to fire him after four years or maybe, if we are lucky, recall him after a month or two. In another month or so, Obama’s approval rating will far exceed that of this Kasich. It should.
By Mike G
February 12, 2011 9:34 AM | Link to this
I voted for Kasich because of his business background. I wanted a Gov. that would help Ohio move forward by working with businesses and industry to create new jobs. Forward thinkers that set up the future. Tap into the Wind-farm ideas maybe. I didn’t elect him to attack public sector employees.