Senate Bill 5: What It Is, And Isn't
We take a look at Senate Bill 5 to drill down to the facts of how Ohio's new collective bargaining law would affect public employees
Senate Bill 5 In A Nutshell: Right now, public employees have a wide range of things they can bargain for with their employers: wages, benefits, working conditions, staffing levels and much more. Senate Bill 5 restricts the range of topics that can be haggled over.
Who is Affected: State employees, public university employees, school district employees and local government workers. The law does not apply to private sector union members.
What Stays: According to the law, collective bargaining is still permitted on wages, hours and "terms and conditions" of employment.
But it's not so simple as that, of course. According to Politifact Ohio, the law "effectively wipes out salary schedules in past labor contracts and directs cities and unions to agree to new salary structures that assign pay raises based on job performance."
The law also says employers are not required to bargain on "any subject reserved to the management and direction of the governmental unit" even if it applies to wages, hours and terms of employment.
Major Restrictions: There are numerous topics that can't be bargained over. Health-care costs are now non-negotiable, and employees have to chip in a minimum of 15 percent of the cost of their coverage. Staffing levels can no longer be negotiated, as well as an employer's decision to subcontract work or eliminate or privatize a department or work unit.
Can Public Employees Strike?: No. Employers can obtain a court order to halt a strike and punish striking employees up to and including termination.
Do Provisions from Previous Deals Carry Over?: Unless they concern wages, hours and terms and conditions of employment, the answer is no.
If Issue 2 Passes, When Does the Law Take Effect?: Once the election results are certified, SB5 would become the law of the land.
David
6:09 am on Monday, September 26, 2011
Pay raises based on performance? Help pay for healthcare? Non-negotiable health care costs? Employers deciding staffing levels? Welcome to the real world. I get paid based upon how well I do my job; I chip in on my own healthcare; I don't get to negotiate what I pay; I don't decide how many staff members we have...welcome to the real world.
Westlake Resident-Joe Smith
7:56 pm on Monday, September 26, 2011
Christ Mazzalini and All....
Not sure why you posted a link to the petition. Why not post a link the SB5 so people can read it for themselves and make educated decsions.
http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf
While I will agree that there can be some adjustment made to health care and retirement by the unions and employees, those points only scratch the surface of SB5. You naysayers need to educate yourselves and read the Bill! SB5 is wrong on so many levels.. It is more than the money elements. It is the money that all the naysayers are yelling about.
Yes, the SB5 document is over 300 pages!!!. This article is only 295 words!!! Please don't rely on theses short summaries and biased comments. Read SB5 and make a smart decsion to VOTE NO on ISSUE2.
http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf
Robin Lieberman
2:01 am on Tuesday, October 4, 2011
A teacher's 'performance' is affected by the 'performance' of the student...often the student who does not want to be there!! Some of the best teachers can not get through to every student. Bravo to the excellent teachers who work so hard to help their students WANT TO LEARN! OF course WE PAY FOR A PORTION OF OUR HEALTH CARE. GONE ARE THE DAYS WHEN THE SCHOOL SYSTEM PICKED UP THE ENTIRE TAB! You need to walk in a teacher's shoes before you pass judgement. THE REAL WORLD??? WHICH ONE?
Joseph Dittmer
12:20 am on Wednesday, November 9, 2011
Too bad you weren't working in the 1960s when unions were the norm. You would have enjoyed it. Now that private bosses have whittled away at your rights to bargain like human beings, you don't have a clue what a reasonable workplace is like. Too bad. It would be better if you younger guys could get a whiff of what it felt like to be treated like a person and not a number and how it could be if you only stood up and worked for what your parents won as a right.
kirsten radivoyevitch
7:38 am on Monday, September 26, 2011
This article is confusing to read and, therefore, to understand clearly. The verb tense changes inconsistently so readers are not sure whether the writer is referring to how things are currently under SB5 or how they would be if Issue 2 passes. Please make up your mind so that this article is actually informative for the voters.
Robin Lieberman
2:10 am on Tuesday, October 4, 2011
This is the second time today I've seen your name! I was wondering the first time... if you used to live on Yorkshire for a short time. I'm even wondering if you are one of the little girls, all grown up! Marco is the link here... right? Sorry this comment has nothing to do with the article...SB5 is a major step backwards for the working class. It was proposed by a governor who is blaming the public workers for our economic problems, while the banks still hold onto money and corporate America is evading paying their fair share of taxes. If you are who I think you are, you won't be surprised by my response, nor will you agree with it!!!
Donald R. Thompson
12:03 pm on Monday, September 26, 2011
The average Ohio police officer makes $41,500...do some (a few) make $85,000 + OT ...sure but a few make $26,000 w/ NO OT. Cherry picking a few high salaried management level officers does not make the average. Personally I have not had a raise since 2008 and my monthly medical coverage contribution has gone up 200%. 2009-0%....2010-0%....2011-0%. Medical monthly contribution 2009- $75, 2010- $150, 2011- $225.
Donald R. Thompson
12:04 pm on Monday, September 26, 2011
And the city I work for wants to and will raise my monthly medical contribution to $650 if SB5 gets upheld .....right now at $225 monthly....post SB5 $650 monthly....that's a 191% increase and there is nothing to stop them from doing it. You see 15% contribution is the MINIMUM, there is NO MAXIMUM contribution % in SB5....I guess 100% is the maximum and I guarantee some cities will be charging employees between 50% and 100% of medical costs if SB5 goes through.
george sosebee
2:15 pm on Monday, September 26, 2011
Senate Bill 5 is just a part of the "jobs" legislation paaed this year. Now you can drink liquor in the capitol basement. You can take a gun into a bar. You can't get an abortion-even though it's legal. They are giving our turnpike to cronies of the Lehman Bros. agent we now have as agovernor. We have fracking all over the state including our state parks. Ted Strickland where are you?
Candace Ashton
4:04 pm on Monday, September 26, 2011
I would like to see an easy to understand chart - with specific information regarding local employees. What is the current salary range for Avon Lake police officers, Avon Lake fire fighters, and Avon Lake public school teachers? What is the dollar contribution each of these individuals pay for their health care? What is the dollar contribution each of these individuals pay for their life insurance? What is the raise policy for each group - merit or cost of living? If cost of living, what has the pay increase/decrease been over the past 5 years?
Noah Webster
6:53 pm on Monday, September 26, 2011
An excellent request. How refreshing it would be to have facts and numbers. Go to Buckeye Institute where you can access State Of Ohio data on pensions and salaries. The other information is available on request.
Joseph Dittmer
12:25 am on Wednesday, November 9, 2011
Whomever suggested the Buckeye Institute as a source of facts has got to be kidding. They have a lot of data but they are hardly facts. They have not gotten one year of my salary correct on that lisrt. I have heard others say the same thing. When I contact them about the inaccuracies, I was told to find the real data and give it to them but they weren' interested in in what I had to say about their totally inaccurate data. They claim to get the information from employers but make no distinctions between regular pay and one time payouts, vacation etc so you have no idea what a regular salary is. Please DO NOT USE BUCKEYE INSTITUTE FOR ANY COMPARISONS. They are bogus.
Donald R. Thompson
5:01 pm on Monday, September 26, 2011
In WI they EXEMPTED Police and Fire. In WI the employees effected were paying 6% for healthcare, now they pay 12.5%. In WI the employees effected were paying 0% into their pension, now they pay 5.8%.
ALSO: Pension changes for elected officials and appointees: The bill modifies the pension calculation for elected officials and appointees to be the same as general occupation employees and teachers. Current law requires these positions to pay more and receive a different multiplier for pension calculation than general classification employees. Under the state constitution, this change will be effective for elected officials at the beginning of their next term of office.
THE ELECTEDS ARE EXEMPTED FROM SB5!! Another HUGE difference between WI and OH
Donald R. Thompson
5:07 pm on Monday, September 26, 2011
In OHIO we ALREADY pay 10% into our pensions (yes some units have negotiated a pension pickup but it is far from the norm and it usually amounts to 3%-5%) so even if you are lucky enough to have a pickup you are still paying 5%-7% into your pension.
Healthcare contributions in OHIO are all over the place due to the uniqueness of different contracts, all the pub. employees I know where I work pay 14% RIGHT NOW WITHOUT SB5 and have done so for 4-5 years.
WHAT HAPPENED IN WISCONSIN IS WAY WAY BETTER THAN WHAT IS HAPPENING HERE......I'd take the WI deal in a second!!!
Noah Webster
5:36 pm on Monday, September 26, 2011
JeriW
I empathize with your comments. You could have made your point without lashing out and making statements about my character. You do not know me and there is nothing in what I have written that would support your accusations that I don' t care about working people or that I think public employees are undeserving. And then you pile on with that stuff about how my safety and the quality of children's education will be affected by public employees earning minimum wage. Try this. My spouse lost her job permanently due to incurable disease. We lost her income and I pay over $6,000 for her COBRA coverage. Hope that makes you feel better.
Robin Lieberman
2:57 am on Tuesday, October 4, 2011
Noah, no one should have to go through that! Where are the safety nets?
Karen Smith
10:35 pm on Monday, September 26, 2011
For me, the bigger picture around SB5 is: how can one elected official simply decide that he doesn't like to work within the confines of one law so he arbitrarily decides to eliminate it - or some of it? People died for us to have the right to collective bargaining. How can Kasich simply decide to take away that right? Who does he think he is? King Kasich?
Noah Webster
6:15 am on Tuesday, September 27, 2011
Are you serious? I hope not. A Governor proposes legislation. He has no kingly power to make up laws. The Gov is responsible to sign or veto and execute the laws passed by the Legislature. The legislature represents the 'collective' will of the People.
Joseph Dittmer
12:28 am on Wednesday, November 9, 2011
When you have total political supremacy in all branches of state government you might as well say he is king kasick. There hasn't been one bill yet this year that wasn't passed that he didn't want'.
Victor Mooney
11:49 pm on Monday, September 26, 2011
SB5 does not eliminate collective bargaining---it does limit its use---
SB5 requires that all contracts be available for public revue, followed by a public forum, and forbids an official from signing any contract for which the funds are not available
Ohio State Representatives and Senators are paid less than 46 other states and are covered by the same health plan and retirement as all other state employees you can check it out---
Rob Baker
11:09 pm on Tuesday, September 27, 2011
you really need to go back and actually read up on the bill
Joseph Dittmer
12:30 am on Wednesday, November 9, 2011
Our reps in Columbus may be covered by some of the changes in SB5 but not many. They exempted themselves from most including giving themselves raises as they see fit. They are part time employees but they define that status in such a political way that they are not really legally emplpoyees of the state so these laws often do not apply to them. Look up the ORC definitions.
Noah Webster
7:05 am on Tuesday, September 27, 2011
Even unions fire its' own staff employees and the membership fires its' leaders through elective processes. As workers, union and non-union, demand more protections the cost and risk of hiring and firing has skyrocketed and raised barriers to job creation in America.
talaktochoba
2:43 pm on Thursday, November 3, 2011
excuse me, but the ever-greedy millionaires in this country have been getting tax breaks ever since Reagan darkened the White House door--do you see any tea-party memebrs hiring because of their windfall profits? how about the oil companies?
police and fire unions were exempted in Wisconsin because they actively supported the Koch brothers stooge to be elected governor;
poor people are not stupid--they saw what damage was done to their inalienable rights by the tea-party in the midterm elections;
i guarantee you come Tuesday, Issue 2 will go down faster than Titanic;
Donald R. Thompson
11:07 am on Tuesday, September 27, 2011
Average police officer pay in Ohio...that means all of Ohio not just Cleveland or Columbus area eveen the little towns in southern Ohio are included.
http://www.indeed.com/salary/q-Police-Officer-l-Ohio.html
Donald R. Thompson
11:13 am on Tuesday, September 27, 2011
Victor, All contracts now are available for public review http://www.serb.state.oh.us/
The state legislators accumulate full time pension at a part time job...they also get full healthcare benefits in a part time position.
SB5 does not involve the public unless the GOVERNMENT BODY takes the UNION offer and it is found that THE GOVERNMENT BODY DOES NOT HAVE THE FUNDING TO PAY FOR IT WITHOUT A FUTURE TAX INCREASE.....WHY WOULD THE GOVERNMENT BODY EVER TAKE THE UNION's OFFER???? WHEN THEY NEVER HAVE TO WHICH IS EXACTLY WHAT SB5 ALLOWS. THE SETTELMENT FOR IMPASSE UNDER SB5 IS THE GOVERNMENT BEING ABLE TO ALWAYS TAKE THEIR OWN OFFER...ALWAYS
Rob Baker
4:04 pm on Tuesday, September 27, 2011
Typically when a major piece legislation passes, there’s a Motion to Amend the Title… which is a parliamentary procedure in which legislators can actually add their names as co-sponsors of the bill, so they can officially claim the legislation. Since January, 2005, only ONE bill has reached the Governor’s desk with a lone sponsor listed on the legislation. ONE bill that no other legislator in either the House or the Senate would add their name to as co-sponsor, even upon its successful passage. Not a single one of the 17 Senators or 53 Representatives who voted in favor of the bill wanted us to see their names in print on the front of SB 5 now Issue 2 alongside Senator Shannon Jones.
Victor Mooney
8:15 pm on Tuesday, September 27, 2011
Mr Baker --are you related to Barbara Striesand?---
Mr Thompson--I would like to respond---if you can figure out what you said--please let me know
SB5 requires that the PROPOSED contracts be available for perusal by the public--
Forgive me --but thinking Senators and Representatives are part time jobs is a bit naive---
Donald R. Thompson
8:36 pm on Tuesday, September 27, 2011
This is a week in the life of a paid scumbag er..I mean legislator http://www.legislature.state.oh.us/house_committee_schedule.cfm
Donald R. Thompson
8:44 pm on Tuesday, September 27, 2011
I am all for full disclosure...hell yes you can come to the negotiating meetings and sit and watch...I have no problem with that whatsoever as most of the meetings last about 25 minutes or less. We propose something, management says no and the meeting is over. If you want to come to fact finding bring a lunch and dinner because it usually takes about 10 hours to complete one of those hearings and the same amount of time for an arbitration hearing, but those may take 2-3 10 hour days...us union members that serve as negotiators get $0 to serve in that function..at least where I work.
Robin Anderson
6:29 pm on Tuesday, October 4, 2011
It's even more amusing, DRT, when both sides request one of the State arbitrators to help mediate negotiations, a free service, in order to avoid going to binding arbitration! The last time I was involved with such, management try to jamb some mandate down our throats during negotiations & the State arbitrator reprimanded them, "No, you're not allowed to do that."-ha! They sure didn't like having a third party looking over their shoulders.
Donald R. Thompson
7:29 pm on Tuesday, October 4, 2011
I have for 4 negotiations suggested that we audio and video tape the entire sessions so if there are disagreements we can go back and review the tapes for accuracy.....THE CITY OBJECTED TO THIS 100%...they lie so much that they were terrified to put the entire process on record...The union (my union) had nothing at all to hide and we do not make statements during negotiations that would we be embarrased to say to the public....THE CITY CANNOT SAY THE SAME THING!!!
Victor Mooney
9:09 pm on Wednesday, September 28, 2011
You guys sound like a broken record---when they coach you ---see if they can come up with different phrases-----if binding arbitration is the cause of the problem then so be it --I am glad it will be gone---
Robin Anderson
9:26 pm on Wednesday, September 28, 2011
You should check out the State-run site of SERB, State Employee Relations Bureau. It might help dispel your confusion about binding arbitration. Usually, both sides come away somewhat unsatisfied with the arbitor's decision. Further, binding arbitration is also used in the final settlement of any grievances or disciplinary actions in dispute between public-sector management and both non-union and union public employees.
Jerry D. Kovach
9:13 pm on Wednesday, September 28, 2011
Here's how see it. Your working for the goverment not the privet sector,so that means that if you go on strik, the goverment can't go and raise the prise of what ever it is your making. Which is nothing.
Robin Anderson
9:33 pm on Wednesday, September 28, 2011
JDK, do you have any idea exactly how many public service unions are already not allowed to go on strike, either because of State statute or because they have a negotiated "no strike/no lockout" article in their bargaing unit agreement with their public employer? All of our police & fire personnel are already prohibieted, through State statute, from going on strike;further, I'd wager that many other public employees, such as those represented by AFSCME Local 153 at Kent State University, are prohibeted from going on strike because they NEGOTIATED such an article into their bargaining unit agreement with their public employer.
Joseph Dittmer
12:36 am on Wednesday, November 9, 2011
I agree that most contracts with public employees have an agreement clause that bars strikes as long as the contract is ineffect and has for the past 28 years--at least all the state level union contracts have had this. Having negotiated the first state contract with unions in 1986, it was acceptable as long as the binding arbitration was in place that gave the unions a shot at an objective outcome. SB5 does away with that, bans strikes and also limites any so called bargaining to wages and that is almost it. Without arbitration there may as well be no bargianing at all as the employer will simply offer as little as they want and then authorize their own offer as final. No one in their right mind woudl accept such an arrangement unless they simply have given up their rights as human beings.
Noah Webster
7:12 am on Tuesday, October 4, 2011
Rob
You must be kidding, "safety net" from government and politicians ? Safety nets are not safe. Dependency on government is not safe. The only "safety net" I want for every American is a healthy economy, jobs and opportunity to have my own "safety net". Where is that "safety net" ?
Victor Mooney
11:32 am on Tuesday, October 4, 2011
John [King] Kasich, didn`t decide anything---SB5 was written by an elected representative majority with the input and encouragement of others, including Govenor Kasich. It passed because of the realization by those representatives that Ohio is being strangled by excessive taxation, overregulation, and " Union" contracts with public employees which have become UNSUSTAINABLE. It`s present form is wholly the result of conservative Republicans because the Union Democrats refused to take part, they sat in the corner and pouted, just as in Wisconsin, and the resulting changes are a small step toward fiscal responsibility, and the possible recovery of Ohio to its once proud state. Public employees and their unions didn`t build Ohio, their unionization was certainly helpful in getting a fair shake, but they now have become an elite group, bent on salaries and benefits packages far beyond need, closer to greed. The cancer cell grows for the sake of growth, by it`s very nature destroying that on which it depends for life. SB5 asks for, not a cut, but a reduction in the rate of increase. I urge you, don`t kill the goose which lays your golden egg.---thank you for your kind attention.
Robin Anderson
5:17 pm on Tuesday, October 4, 2011
Tax statistics, by state, garnered by e50plus.com<http://www.e50plus.com/public/202.cfm> for it's Retirement Housing Guide has this to say about Ohio's tax burden. While Ohio ranks third in the Nation with a 10% state tax burden, the National average is 10.6%; Maine is the highest at 13.5% while Alaska is the lowest at 6.6%. When considering the tax burden as a percentage of income Ohio is ranked 3rd highest at 12%.
Victor Mooney
9:54 pm on Tuesday, October 4, 2011
You can find statistics to support any argument---print out your numbers and stand at the state line---when a company/employer/businessman/ goes by you on his way to some other state---wave those numbers at him, that will stop him----the business environment in Ohio sucks---regulations, manufacturing taxes, property taxes, Union shops, all go into the mix---some drastic changes will occur, or Ohio will bevcome a giant Ghost Town----of course if it`s any consolation, the Ghosts will be unionized, and no ---I am not anti-union---but they have gone too far---and the pendulum will have to swing back---
Victor Mooney
11:16 pm on Tuesday, October 4, 2011
As a judge of human behavior you are lacking--better not give up your day job as a builder---I am not a politician, I have worked as a union member most of my working life, [ABC, BCWU, Teamsters], I am a constitutional conservative and an avid tea-partier---but I have no axe to grind, and I know of which I speak, no propaganda here, I have been heavily involved with this issue for over a year, I have studied the numbers til it hurts, and something has to give ---the projected cost of Public Union health care and pensions is unsustainable in the near term, I am talking 2012, and if Issue 2[SB5] doesn`t pass, [This bill was designed primarily to SAVE Jobs] ---layoffs of State employees, and teachers, beginning by January will be devastating to Ohio`s economy. If you think the building business is slow now---you will look back on October 2011 as the good times. If Issue 2[SB5] is defeated, do your celebrating quickly, your uphoria will be short-lived!-- I am sorry, but you folks had better wake up...--Victor
Bill
9:06 am on Friday, October 7, 2011
Sustainability is the crucial factor in our economy today on every level of society. The word "sustainability" itself is the answer. It has nothiing to do with the position of our battles. It's a very simple matter at the center of this discussion with BANKRUPTCY at the end of the road if the appropriate turns are not made.
If we fail the sustainability test, we shall all be in the same boat anyway!
Victor Mooney
9:58 pm on Tuesday, October 11, 2011
News flash----Michigan may become a Right -to-work state before Indiana.--Yes Michigan!
J. Miraglia
2:35 pm on Monday, October 17, 2011
As Charlie Brown would say "Agh"! When will people stop using labels i.e. conservative, liberal, tea party? The real problem is that the average person is too wrapped up in themselves. They don't read about or study what is happening in the world today. They don't realize that everything changes in seconds because of new technology. The one thing I know for sure is that when houses aren't being build, the country goes down the toilet. It is really about the big investors. They don't have all those mortgages to hedge because the banks are playing ball with Wall St. The 1% who are millionaires are sitting back counting their money and have no intention of starting any businesses that will put people back to work. These are the same people who contribute to the politicians. Politicians don't vote for their constituents they are controlled by their deep pocket funders.Wake up America! Stop picking sides. Just do the right thing. Everyone should have a job, a home, healthcare and a voice in the laws of this country. Everyone in this country thinks the USA is the number ! country. . .WAKE UP! For a democracy we are way behind.