Legal Question in Constitutional Law in Ohio

Ohio SB5 restricts what public unions can collectively bargain for.if something cannot be part of your contract how can it be grieved?therefore remediation of grievances is not possible.is this a violation of our first amendment right to redress of grievances?


Asked on 10/20/11, 8:44 pm

1 Answer from Attorneys

Joseph Jacobs Jacobs & Lowder

Interesting position...

Traditionally, the right to redress is the justice system, so a person employed by the state would still have the right to sue the state for whatever redress they're seeking.... every position in government is vulnerable to a lawsuit....

the practical reality is that the judges might protect the state employer and find a way to throw the lawsuit out..... but ultimately, we do have the right to referendums; to make laws that would replace collective bargaining with some legal avenue that employees could take to "grieve."

Union leaders don't always look out for their members, so no system is perfect...

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Answered on 10/20/11, 10:03 pm


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