On Tuesday, the Ohio Supreme Court struck down a state statute that prohibited public-sector labor unions and their members from encouraging targeted picketing at the homes of public officials, stating that the law was an unconstitutional content-based restriction on free speech. The decision was unanimous as to the result, but the Justices were divided 4-3 in their reasoning.
The dispute arose five years ago when the Portage County Board of Developmental Disabilities (the “Board”) and the Portage County Educators Association for Developmental Disabilities (the “Association”) reached an impasse during the negotiations of their collective bargaining agreement. Shortly after the Association filed a notice of intent to strike in October 2017, Association members began picketing. While Association members remained on public streets and sidewalks at all times, their picketing took place outside the homes of six Board members and outside of the workplace of one Board member. In response, the Board filed seven unfair-labor-practice charges with the State Employment Relations Board (“SERB”), alleging that the targeting picketing violated R.C. 4117.11(B)(7).
R.C. 4117.11(B)(7) prohibits public sector labor unions and public employees from “[i]nduc[ing] or encourage[ing] any individual in connection with a labor relations dispute to picket the residence or any place of private employment of any public official or representative of the public employer.” In its decision, SERB sided...
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