OHIO STATE BLDG. & CONSTR. TRADES COUNCIL v. CUYAHOGA CTY. BD. OF COMMRS.

No. 2001-2036.

98 Ohio St.3d 214 (2002)

2002-Ohio-7213

OHIO STATE BUILDING & CONSTRUCTION TRADES COUNCIL ET AL., APPELLANTS, v. CUYAHOGA COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 27, 2002.


Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, L.L.P., N. Victor Goodman, Mark D. Tucker and Edward Kancler, for appellant Ohio State Building & Construction Trades Council.

Goldstein & O'Connor and Joyce Goldstein, for appellant Cleveland Building & Construction Trades Council.

Wuliger, Fadel & Beyer and William I. Fadel, for appellant International Union of Operating Engineers, Local 18.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Kathleen A. Martin, Assistant Prosecuting Attorney, for appellee Cuyahoga County Board of Commissioners.

Betty D. Montgomery, Attorney General, Michael D. Allen and Peter M. Thomas, Assistant Attorneys General, for appellee state of Ohio.

Stewart Jaffy & Assoc. Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae Ohio AFL-CIO.

Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Laurence J. Cohen and Victoria L. Bor, urging reversal for amicus curiae Building & Construction Trades Dept., AFL-CIO.

Coolidge, Wall, Womsley & Lombard, Fred A. Ungerman Jr. and Jill A. May, urging affirmance for amicus curiae Ohio Associated Builders & Contractors, Inc.

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., and Susan Carson Rodgers; National Right to Work Legal Defense Foundation, Inc. and William L. Messenger, urging affirmance for amicus curiae National Right to Work Legal Defense Foundation, Inc.


ALICE ROBIE RESNICK, J.

{¶ 1} This action for declaratory and injunctive relief challenges the constitutionality of R.C. Chapter 4116, which was enacted by Am.H.B. No. 101 of the 123rd General Assembly, effective October 11, 1999, "to prohibit public authorities from imposing certain labor requirements as a condition of performing public works." Preamble to 1999 Am.H.B. No. 101.

{¶ 2} The following facts, though gleaned from scant evidence...

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