By now, news of the Janus decision has spread like wildfire across every type of media imaginable. This is big news and the blog below by Ohio Chamber member Vorys, Sater, Seymour and Pease LLP goes through the ins and outs of the case itself in detail. Equally important is what this could mean for Ohio. As previously detailed, Ohio is becoming more and more of an outlier both regionally and nationally by not being right-to-work. Twenty-eight states and four of Ohio’s five surrounding states are now right-to-work. Now, the Janus decision basically establishes public-sector right-to-work nationwide. This sets up a strange dichotomy between public and private sector workers in Ohio where a public-sector worker can refuse to join and pay fees to a union, but a private sector worker can still be forced to pay the “fair share” fees detailed below.
Previous attempts to enact private sector right-to-work legislation have languished in the legislature. Worry over possible referendum, where any bill passed by the Legislature can be subject to review and approval or rejection by the voters, has led to inaction on the topic. However, Ohio being in the minority both nationally and regionally, along with the Janus decision, may spur further discussion on making Ohio right-to-work.