The fox, the goose, and Issue 2
By Jim Surber 

Are you completely confused and confounded on how to vote on Ohio Issue 2? Congratulations, you are probably an objective, informed voter. The choice to uphold or defeat Senate Bill 5, one of the most controversial pieces of Ohio legislation in many years, should not be taken lightly. A rational decision is all but impossible because of the specific nature of this law and the circumstances that surround it. 

Senate Bill 5 came about for good reasons. Over the past three decades, many parts of Ohio’s public employment have evolved into institutions very resistant to change. Issue 2 was created by a union-Democratic led petition drive that secured the necessary signatures to place the law on the ballot. This too was quite justified, considering the law’s sweeping changes with some of a totally partisan nature; and that it was passed with no input or concession to the opposite party or organized labor. Most people can agree that changes are badly needed and totally justified. Now they are faced with Issue 2, which is the absolute embodiment of the familiar statement, “You’re damned if you do, and you’re damned if you don’t.” 

You can vote “Yes” to diminish or essentially eliminate the bargaining power of public-employee unions and greatly antagonize those people who daily perform some of the most dangerous and important jobs in our state and local communities. 

Or you can vote “No” and risk preserving the public employment “status quo” with its obstacles to reform in schools and alleged inequities in employee fringe contributions and non-merit-based wages. 

An October 15th editorial in the Cleveland Plain Dealer appears, at first glance, to be an accurate observation of this entire distasteful political debacle:  “...whether Issue 2 passes or fails, legislators must re-enter the fray sooner rather than later. And they must do so in a more inclusive and broadly representative way than they did either this spring in passing Senate Bill 5 with only Republican votes -- or in 1983, when Statehouse Democrats shoved through a bargaining law tailored for their political allies.” The editorial goes on to urge a “Yes” vote, and recommends significant changes to be made later, such as preserving the right to strike, not giving the final decision upon impasse to an employer’s legislative body, and eliminating the ban on “fair-share” contributions. 

But, if Issue 2 is passed, what will obligate the Governor and his one-party-controlled Ohio legislature to do anything? They will have accomplished everything they set out to do with Senate Bill 5 which does contain some common-sense reforms, but also severe restrictions intent upon bringing the demise of public service unions. Why would they consider significantly changing the law? 

This whole thing brings to mind an old riddle, (I will not recite it here, but if you’re unfamiliar, Google “the riddle of the fox, goose and corn”) where you can envision the Governor and legislature as the fox, public employees and their unions as the goose, and public revenue as the corn. The taxpayers are the man that must take all three across the stream, but only one at a time. Bad things happen if the fox is left alone with the goose, or if the goose is left alone with the corn. 

Should we pass Issue 2 and trust the fox not to eat the goose, or should we defeat it and allow the goose to eat more of the corn? 

The answer is neither, but a good resolution is still possible, given the current capabilities of the fox. If Issue 2 is defeated, the Governor and Legislature can quickly pass common sense provisions without destroying the employee gains in balance won over many years. If the issue is defeated, those in power can cooperatively reach a middle road that incorporates needed change without trampling on the dignity of public servants after the end of this bitter political fight.  

Gov. Kasich made overtures of compromise in August by inviting opponents of SB 5 to negotiate and avoid this referendum. This should have been done prior to March 31, but was not. Polls consistently indicate that while Ohioans like many aspects of SB 5, they oppose others that just happen to be the most partisan aspects. 

If Issue 2 passes, and SB 5 stands as now written, it will not only sucker-punch public workers and Ohio Democrats, but also common-sense independents. Those who support moderate positions on education, the economy, social issues and any number of other areas; or those who simply believe in a two party system, should not support this law. As written, it is designed to enhance the power of a party that is increasingly controlled by its extreme fringe, and one that is further consolidating its power by the redistricting process. 

The only way to make lemonade out of this sack of lemons is to defeat Issue 2, with the legislature closely following the defeat by enacting the non-partisan reforms that are needed and that will be widely accepted. This must be joined by the Democratic legislators working with Republicans, both in a more objective fashion, to come up with real reform. 

It has been said that Kasich had the chance to be a healer, and it remains to be seen if he will seize another, if voters defeat this issue. Immediately following the defeat, he will have an opportunity to heal and, at the same time, to help all Ohioans.

Editor's Note: Surber has also sent the following for readers who may be interested. Click here.