May 24, 2012

RTW: Are Unions Looking for Early Renewals of CBAs to Lock-In Dues? Is Ohio Next?

We're hearing reports that many unions are approaching employers in the wake of Indiana's new Right-to-Work Act to see if the employers are willing to sign early before the March 14 deadline. Remember that the Act provides that if employers are in collective bargaining agreements as of March 14, 2012 that have a union security clause, then employees will be stuck paying dues at least until the expiration date of that CBA.   We've already heard reports that the Carpenters and the Sheet Metal Workers are circulating 10-year extension agreements hoping to get employers to sign on before March 14. Have you been approached by your Union for an early signing? Let us know if you have, which Union approached you and how long is the sought-for extension. You can leave a comment below.

Another impact is that the interest in RTW may be spreading. Earlier this week, Quinnipiac University released the results of a poll of Ohio voters and discovered that Ohio voters by a 54-40 percent margin favor the notion that Ohio should become the next Right-to-Work state. Here's a link to the poll results.

That's surprising to some because Ohio voters had soundly rejected the Ohio initiative to strip Ohio public workers of their unions. Given the assumption that the SB 5 referendum was a demonstration of union strength in Ohio, the 54-40 percent support for making Ohio a 'right-to-work' state does make one take notice," said Peter A. Brown, assistant director of the Quinnipiac University Polling Institute. "In the SB 5 referendum independent voters, who are generally the key to Ohio elections, voted with the pro-union folks to repeal the law many viewed as an effort to handicap unions. The data indicates that many of those same independents who stood up for unions this past November on SB 5 are standing up to unions by backing 'right-to-work' legislation.

Poll results have made headlines all over the state of Ohio.

Cincinnati.com - "Poll: Ohioans support 'Right to Work'

Dayton Daily News - "Ohio voters support right-to-work, poll says

Columbus Dispatch - "Ohioans like 'right-to-work' idea, poll says"  

© 2012 BARNES & THORNBURG LLP

About the Author

Partner

Gerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation Departments. He practices in the areas of labor and employment law counseling and litigation, arbitration, collective bargaining, media law, including counseling of and defense litigation for media companies and commercial and business litigation.

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