In Katter v. Ohio Employment Relations Board, (SD OH, June 21, 2007), an Ohio federal district court declared a portion of Ohio’s public employee collective bargaining law unconstitutional under the Establishment Clause. Ohio Revised Code 4117.09(C) provides that certain employees who object to union membership on religious grounds may instead contribute an amount equal to union fees to a nonreligious charity. The exemption, however, applies only to members of a bona fide religious body that has historically held conscientious objections to joining or financially supporting labor unions. The court held that this favors members of groups such as the Seventh Day Adventists and Amish Mennonites, while it discriminates against individuals such as Carol Katter, a Roman Catholic, whose objections are based on the union’s support for abortion rights. The court issued a declaratory judgment and enjoined the Ohio Employment Relations Board from applying the statute.
In reaching its conclusion, the court rejected arguments that plaintiff lacked standing and that the case was moot because the union had ultimately made accommodations for Katter. The court also recognized that its action does not assure that Katter will be awarded an exemption under Ohio law, but that she may well be entitled to accommodation under Title VII of the federal 1964 Civil Rights Act.
