WEBVTT

1
00:00:00.400 --> 00:00:04.200
<v Speaker 1>How you can support We've got people talking the opinions

2
00:00:04.200 --> 00:00:07.160
<v Speaker 1>of the middle age ill on America is ridiculous. On

3
00:00:07.280 --> 00:00:10.439
<v Speaker 1>fifty five KARC the talk station.

4
00:00:13.199 --> 00:00:15.800
<v Speaker 2>Eight oh five, the fifty five KRCD Talk station Havepy

5
00:00:15.919 --> 00:00:19.480
<v Speaker 2>Friday Eve looking forward to the bottom. They are as

6
00:00:19.480 --> 00:00:22.239
<v Speaker 2>always I heard. Media aviation expert Jay Ratlis joins the

7
00:00:22.280 --> 00:00:24.800
<v Speaker 2>program on Thursdays at e thirty. In the meantime, I'm

8
00:00:24.800 --> 00:00:26.839
<v Speaker 2>always happy to talk to folks from the Buck Eye Institute.

9
00:00:26.839 --> 00:00:30.600
<v Speaker 2>You can find them online at Buckeyeinstitute dot org. Join

10
00:00:30.679 --> 00:00:33.640
<v Speaker 2>me this morning, Jay Carson, senior litigator for the Buckeye

11
00:00:33.679 --> 00:00:36.159
<v Speaker 2>Institute with a really troubling case he's working on, and

12
00:00:36.200 --> 00:00:38.640
<v Speaker 2>let me start. Jay Carson, welcome back to the fifty

13
00:00:38.640 --> 00:00:40.840
<v Speaker 2>five KRC Morning Show to thank you and the Buckeye

14
00:00:40.880 --> 00:00:43.920
<v Speaker 2>Institute for doing well helping out the little guys. Really,

15
00:00:43.920 --> 00:00:46.640
<v Speaker 2>what this boils down to having been in litigation for

16
00:00:46.679 --> 00:00:48.799
<v Speaker 2>sixteen years and it's been a while. I've been eighteen

17
00:00:48.880 --> 00:00:51.520
<v Speaker 2>years out of practice, but still keep my license. I

18
00:00:51.560 --> 00:00:55.399
<v Speaker 2>know how expensive it is, and folks like Nicole Little

19
00:00:55.439 --> 00:00:57.600
<v Speaker 2>John there is no way in God's green Earth she

20
00:00:57.600 --> 00:01:00.880
<v Speaker 2>could afford to go out in independently higher tain counsel

21
00:01:01.280 --> 00:01:04.599
<v Speaker 2>and fight against her former union who continues to take

22
00:01:04.640 --> 00:01:07.079
<v Speaker 2>money out of her paycheck for union dues for a

23
00:01:07.159 --> 00:01:09.680
<v Speaker 2>union that she doesn't belong with. Jay Carson, Welcome to

24
00:01:09.719 --> 00:01:11.079
<v Speaker 2>the Morning Show. It's great having you on.

25
00:01:12.120 --> 00:01:13.560
<v Speaker 1>Thank you happy to be here.

26
00:01:13.959 --> 00:01:15.840
<v Speaker 2>Just you know, God bless the work you do, because

27
00:01:16.000 --> 00:01:18.000
<v Speaker 2>you know, let me ask you real quick, just a

28
00:01:18.040 --> 00:01:21.079
<v Speaker 2>parenthetical question. I know the hourly rate for lawyers is

29
00:01:21.799 --> 00:01:24.239
<v Speaker 2>way across the spectrum. I mean, you may hire somebody

30
00:01:24.239 --> 00:01:25.920
<v Speaker 2>for two hundred bucks an hour, and then there are

31
00:01:26.000 --> 00:01:27.599
<v Speaker 2>lawyers out there in the world that charge more than

32
00:01:27.599 --> 00:01:30.239
<v Speaker 2>one thousand dollars an hour. And I just want to see,

33
00:01:30.560 --> 00:01:33.480
<v Speaker 2>what's the largest hourly rate you've ever run across in

34
00:01:33.519 --> 00:01:35.840
<v Speaker 2>your in your work with the buck Anstitute or elsewhere

35
00:01:35.879 --> 00:01:36.799
<v Speaker 2>in your legal practice.

36
00:01:36.879 --> 00:01:41.599
<v Speaker 1>Jay, Oh, the largest that I've run across. I guess

37
00:01:41.599 --> 00:01:44.319
<v Speaker 1>you know we do running the folks more of the

38
00:01:44.680 --> 00:01:47.560
<v Speaker 1>big city on the coast. Yeah, we charged those nine

39
00:01:47.640 --> 00:01:52.079
<v Speaker 1>hundred thousand dollars an hour rates. But what we do

40
00:01:52.159 --> 00:01:55.760
<v Speaker 1>with buck guy is we take these cases pro bono

41
00:01:55.879 --> 00:01:58.920
<v Speaker 1>pro bono, so folks who want to challenge them are

42
00:01:59.280 --> 00:02:00.400
<v Speaker 1>out of pending.

43
00:02:00.640 --> 00:02:03.560
<v Speaker 2>And that's what's so damn important about the Bucker Institute

44
00:02:03.560 --> 00:02:06.239
<v Speaker 2>and other similar organizations who will fight the good fight

45
00:02:06.319 --> 00:02:10.439
<v Speaker 2>on behalf of these outrageous factual scenarios. Let's start with

46
00:02:10.520 --> 00:02:13.000
<v Speaker 2>the background on this. When you represent Nicole little John,

47
00:02:13.759 --> 00:02:17.120
<v Speaker 2>my understanding is in June twenty twenty two, she quit

48
00:02:17.240 --> 00:02:20.080
<v Speaker 2>the afl CIO union that she belonged to. She's a

49
00:02:20.080 --> 00:02:23.240
<v Speaker 2>hospital employee. She notified them and they accepted her resignation,

50
00:02:24.319 --> 00:02:26.400
<v Speaker 2>but they keep taking dues out of her paycheck.

51
00:02:28.120 --> 00:02:30.439
<v Speaker 1>Yeah, so what happens actually this is this is the

52
00:02:30.479 --> 00:02:34.960
<v Speaker 1>second time around she distractor break the union. She said, listen,

53
00:02:35.000 --> 00:02:40.319
<v Speaker 1>no thanks, I'm this is not for me and I

54
00:02:40.360 --> 00:02:42.919
<v Speaker 1>don't want to pay dues anymore. And look, you've got

55
00:02:43.039 --> 00:02:47.240
<v Speaker 1>an absolute constitutional rate not to join a union. Screenpoint

56
00:02:47.280 --> 00:02:52.599
<v Speaker 1>said that decades ago. And then in twenty eighteen, in

57
00:02:52.840 --> 00:02:55.599
<v Speaker 1>a case called Aganis the Screamport said, you know what,

58
00:02:56.039 --> 00:02:58.400
<v Speaker 1>and the union can't make you pay if you're a

59
00:02:58.400 --> 00:03:02.280
<v Speaker 1>public union member, the union can't make you pay what

60
00:03:02.319 --> 00:03:06.000
<v Speaker 1>they call association for these fair share fees whatever you

61
00:03:06.039 --> 00:03:08.159
<v Speaker 1>want to call them, which were essentially the same thing

62
00:03:08.199 --> 00:03:13.800
<v Speaker 1>as union dus. What happened after Janice was a whole

63
00:03:13.840 --> 00:03:15.879
<v Speaker 1>lot of folks said, yeah, I've had it with this.

64
00:03:16.719 --> 00:03:20.439
<v Speaker 1>I don't support what the union's doing with my money.

65
00:03:20.919 --> 00:03:24.800
<v Speaker 1>I want to and keep this in my own paycheck

66
00:03:24.800 --> 00:03:27.479
<v Speaker 1>because I'm not seeing any services coming from the union.

67
00:03:28.319 --> 00:03:32.280
<v Speaker 1>And a case out of the Ninth Circuit in California

68
00:03:32.520 --> 00:03:35.719
<v Speaker 1>came out said, well, yeah, they'll go up. Belk out

69
00:03:35.719 --> 00:03:37.919
<v Speaker 1>can apply if you were already out of the union

70
00:03:37.919 --> 00:03:39.599
<v Speaker 1>and if you never joined it in the first place.

71
00:03:39.639 --> 00:03:41.479
<v Speaker 1>But you know, if you signed up and signed a

72
00:03:41.520 --> 00:03:43.599
<v Speaker 1>contract that says I'm going to be a member for

73
00:03:43.680 --> 00:03:46.479
<v Speaker 1>so many years, then you have to still keep paying

74
00:03:46.560 --> 00:03:49.599
<v Speaker 1>even though you can you can quit for constitutional purposes,

75
00:03:49.680 --> 00:03:52.319
<v Speaker 1>right the union won't send you the newsletter or whatever

76
00:03:52.439 --> 00:03:56.840
<v Speaker 1>services they will get over bucket, but you're still going

77
00:03:56.919 --> 00:03:58.560
<v Speaker 1>to keep paying dues. And it's like it's like the

78
00:03:58.599 --> 00:04:01.120
<v Speaker 1>gym membership that you can't get out of. Right, Yeah,

79
00:04:01.159 --> 00:04:03.319
<v Speaker 1>that's that's really sort of what this is.

80
00:04:04.479 --> 00:04:08.000
<v Speaker 2>Well, I immediately thought the word that came to my

81
00:04:08.080 --> 00:04:10.919
<v Speaker 2>mind is is theft? Like this you could make an

82
00:04:11.000 --> 00:04:14.159
<v Speaker 2>argument to a prosecutor that this is actual theft. I mean,

83
00:04:14.199 --> 00:04:16.519
<v Speaker 2>you have a civil case involving this little John, and

84
00:04:16.560 --> 00:04:19.000
<v Speaker 2>you see the American Federation of State counting in thisbal employees.

85
00:04:19.040 --> 00:04:22.160
<v Speaker 2>I get that, but I mean seriously, if they went

86
00:04:22.199 --> 00:04:24.439
<v Speaker 2>over and they just pulled money out of her purses,

87
00:04:24.439 --> 00:04:26.560
<v Speaker 2>it sat on her desk, you could get them in

88
00:04:26.600 --> 00:04:28.439
<v Speaker 2>front of a judge on theft grounds.

89
00:04:29.800 --> 00:04:33.000
<v Speaker 1>Well, so the tath we've taken on this right because

90
00:04:33.040 --> 00:04:35.600
<v Speaker 1>the federal court said, Hey, this is a contract issue.

91
00:04:35.720 --> 00:04:38.839
<v Speaker 1>That's that's what this case out of the Ninth Circuit

92
00:04:39.759 --> 00:04:42.160
<v Speaker 1>said a couple of years ago and said, look, this

93
00:04:42.240 --> 00:04:45.519
<v Speaker 1>is this is not about free speech anymore like Janice was.

94
00:04:45.600 --> 00:04:49.120
<v Speaker 1>This is just about a contract. And you know, somebody

95
00:04:49.120 --> 00:04:53.000
<v Speaker 1>could waive their their constitutional rights through a contract, happening

96
00:04:53.040 --> 00:04:56.759
<v Speaker 1>every day. But this is not a job for the

97
00:04:56.800 --> 00:05:00.000
<v Speaker 1>federal courts to be looking at from a First Amendment perspective.

98
00:05:00.600 --> 00:05:02.879
<v Speaker 1>So what we did with with miss Littlegog's case in

99
00:05:02.920 --> 00:05:06.759
<v Speaker 1>another case uh in Ohio Darling that we've got depending

100
00:05:06.879 --> 00:05:10.439
<v Speaker 1>for the High Supreme Court right now, as we said, okay, uh,

101
00:05:10.759 --> 00:05:14.120
<v Speaker 1>then let's take a look at is this a valid contract? Right?

102
00:05:14.240 --> 00:05:17.120
<v Speaker 1>Let's go back to basic Ohio contract law. What's the

103
00:05:17.120 --> 00:05:18.600
<v Speaker 1>federal courts are saying? That's what we ought to do

104
00:05:19.160 --> 00:05:22.160
<v Speaker 1>and say, look, this isn't a valid contract because one

105
00:05:22.240 --> 00:05:23.759
<v Speaker 1>you didn't tell me what I was signing up for.

106
00:05:24.360 --> 00:05:27.120
<v Speaker 1>U two, I'm not getting anything in return. Uh three.

107
00:05:27.160 --> 00:05:28.879
<v Speaker 1>I you know, I was sort of forced into this.

108
00:05:29.680 --> 00:05:33.040
<v Speaker 1>Or there's a what's what's called uh you know, a

109
00:05:33.600 --> 00:05:37.920
<v Speaker 1>liquidated damages that are that are unfairly unrelated to the

110
00:05:37.959 --> 00:05:41.560
<v Speaker 1>actual damage that someone might get. Right, So we raised

111
00:05:41.600 --> 00:05:45.959
<v Speaker 1>all these these contractual claims and defenses, and the first

112
00:05:45.959 --> 00:05:49.279
<v Speaker 1>thing that had happened because of this Darling case was so,

113
00:05:49.360 --> 00:05:51.199
<v Speaker 1>well you got to go first to the State Employee

114
00:05:51.240 --> 00:05:53.360
<v Speaker 1>Relations fort.

115
00:05:53.480 --> 00:05:55.360
<v Speaker 2>So so that's like that is that like the court

116
00:05:55.399 --> 00:05:57.600
<v Speaker 2>of original jurisdiction for these labor issues.

117
00:05:57.959 --> 00:06:00.120
<v Speaker 1>Well, you know, so this is this is again I

118
00:06:00.160 --> 00:06:01.800
<v Speaker 1>don't want to get too much into the weeds, but

119
00:06:01.800 --> 00:06:05.040
<v Speaker 1>but there's this jurisdictional fight of so you know, federally,

120
00:06:05.240 --> 00:06:06.959
<v Speaker 1>you tried to bring the cases in federal court. They

121
00:06:06.959 --> 00:06:09.399
<v Speaker 1>said no, no, this is state contract actor. Right. We

122
00:06:09.519 --> 00:06:12.720
<v Speaker 1>brought a contract case in that Darland case I mentioned,

123
00:06:12.759 --> 00:06:14.480
<v Speaker 1>and that court said no, no, you got to go

124
00:06:14.560 --> 00:06:19.480
<v Speaker 1>to this board first because it might be an unfair

125
00:06:19.519 --> 00:06:25.199
<v Speaker 1>labor practice. And you know, again it's not it's contract No,

126
00:06:25.439 --> 00:06:29.120
<v Speaker 1>I know, it says right there, you know, And so

127
00:06:29.360 --> 00:06:33.199
<v Speaker 1>we go to the State Employment Relations Board and they

128
00:06:33.199 --> 00:06:35.680
<v Speaker 1>say this is not an unfair labor practice Act, which

129
00:06:35.680 --> 00:06:39.000
<v Speaker 1>we knew all alonge. Uh So now we said, okay, finally,

130
00:06:39.079 --> 00:06:42.000
<v Speaker 1>now we're going to go to uh Common Police Court

131
00:06:42.040 --> 00:06:46.240
<v Speaker 1>and say please rule this contract. And so that's that's

132
00:06:46.240 --> 00:06:48.319
<v Speaker 1>sort of the games that we've been playing, right, It's

133
00:06:48.480 --> 00:06:50.319
<v Speaker 1>kind of this whack a mole of where can you

134
00:06:50.360 --> 00:06:52.319
<v Speaker 1>even bring this this claim?

135
00:06:52.519 --> 00:06:55.519
<v Speaker 2>You illustrate my am, I pointed at the outset wonderfully.

136
00:06:55.560 --> 00:06:57.639
<v Speaker 2>If they're trying to wage a battle of attrition, it's

137
00:06:57.680 --> 00:07:00.160
<v Speaker 2>like law fair and I've been involved in this. I

138
00:07:00.199 --> 00:07:04.000
<v Speaker 2>practice in Chicago Salt Earth litigation was by directive. Some

139
00:07:04.040 --> 00:07:07.360
<v Speaker 2>of the type of litigation we practice make their lives

140
00:07:07.720 --> 00:07:10.279
<v Speaker 2>miserable and see if we can push them into a

141
00:07:10.279 --> 00:07:12.920
<v Speaker 2>financial situation where they aren't going to want to keep

142
00:07:12.959 --> 00:07:15.560
<v Speaker 2>throwing money at the case. That's a fair play in litigation.

143
00:07:15.680 --> 00:07:17.199
<v Speaker 2>It sucks, but that's one of the reasons it's so

144
00:07:17.319 --> 00:07:19.800
<v Speaker 2>damn expensive. That's what they're doing them, is Little John.

145
00:07:19.839 --> 00:07:23.319
<v Speaker 2>That's the importance of the Buckeye Institute, because okay, we

146
00:07:23.399 --> 00:07:25.759
<v Speaker 2>got to play this game. You will play this game

147
00:07:25.800 --> 00:07:28.160
<v Speaker 2>on behalf of someone who could never afford to play it,

148
00:07:28.519 --> 00:07:30.120
<v Speaker 2>so they make you go through the hoop of going

149
00:07:30.120 --> 00:07:32.120
<v Speaker 2>in front of SERB. Fine, they throw it out and

150
00:07:32.120 --> 00:07:34.560
<v Speaker 2>say it's not a this isn't a labor practice, it

151
00:07:34.639 --> 00:07:36.759
<v Speaker 2>is a contractual issue. You're kind of back to square

152
00:07:36.839 --> 00:07:38.680
<v Speaker 2>wo when you find your suit in Hamilton County Common

153
00:07:38.720 --> 00:07:39.279
<v Speaker 2>Police Court.

154
00:07:40.399 --> 00:07:45.480
<v Speaker 1>Yep, exactly. And look the other thing that's that's troubling

155
00:07:45.519 --> 00:07:49.120
<v Speaker 1>about the nature of these cases and the big scheme

156
00:07:49.160 --> 00:07:52.600
<v Speaker 1>of things. They're kind of nickel on dime, right. You

157
00:07:52.639 --> 00:07:56.079
<v Speaker 1>know the total that miss little John is seeking in

158
00:07:56.399 --> 00:07:59.399
<v Speaker 1>compensation of money that she got to be paid back

159
00:07:59.439 --> 00:08:02.839
<v Speaker 1>at after she west to union, it's about two thousand bucks.

160
00:08:03.560 --> 00:08:05.959
<v Speaker 1>And again and for the hire a lawyer to go

161
00:08:06.000 --> 00:08:07.959
<v Speaker 1>after two thousand bucks, there's just no way that makes

162
00:08:08.000 --> 00:08:13.319
<v Speaker 1>sense economically, especially in these cases where I think the

163
00:08:13.439 --> 00:08:16.879
<v Speaker 1>unions tend to uh for the just the purpose. You

164
00:08:16.879 --> 00:08:20.279
<v Speaker 1>know again they're they're they're well funded, uh and keep

165
00:08:20.399 --> 00:08:23.560
<v Speaker 1>establishing the principle that you know they they're not gonna

166
00:08:23.560 --> 00:08:26.319
<v Speaker 1>pay and you're gonna be stuck in this contract for

167
00:08:26.519 --> 00:08:30.439
<v Speaker 1>another uh. You know, in most cases, right, you have

168
00:08:30.519 --> 00:08:33.320
<v Speaker 1>this opt out date and it can be depending on

169
00:08:33.360 --> 00:08:36.960
<v Speaker 1>your your collective Barney agreement a year or a couple

170
00:08:37.000 --> 00:08:40.200
<v Speaker 1>of years in the future where you're still stuck paying

171
00:08:40.200 --> 00:08:43.600
<v Speaker 1>those dues. So I think they mostly look at, Okay, look,

172
00:08:44.000 --> 00:08:47.320
<v Speaker 1>we'll keep everybody in and people aren't going to fight

173
00:08:47.399 --> 00:08:50.279
<v Speaker 1>this because we'll figure out what's what's the point for

174
00:08:50.320 --> 00:08:52.200
<v Speaker 1>a couple hundred bucks, a couple of thousand bucks for

175
00:08:52.240 --> 00:08:56.000
<v Speaker 1>another another year, another two years. Uh, it's not worth

176
00:08:56.039 --> 00:08:57.919
<v Speaker 1>me spending the money to do it. But but the

177
00:08:58.320 --> 00:09:00.240
<v Speaker 1>thing is, you know, while they're doing that, they're they're

178
00:09:00.279 --> 00:09:02.879
<v Speaker 1>taking your money and using it for purposes that that

179
00:09:03.000 --> 00:09:05.919
<v Speaker 1>you don't want it used for. And that's a that's

180
00:09:05.960 --> 00:09:07.879
<v Speaker 1>a problem under a constitution.

181
00:09:08.120 --> 00:09:11.600
<v Speaker 2>But the consideration for the contractual relationship, she pays money

182
00:09:11.639 --> 00:09:14.639
<v Speaker 2>and gets union representation along with the materials and the

183
00:09:14.679 --> 00:09:19.200
<v Speaker 2>emails and whatever. They accepted her resignation. They didn't say, no,

184
00:09:19.879 --> 00:09:22.240
<v Speaker 2>you have a contract that lasts for X number of time,

185
00:09:22.320 --> 00:09:24.840
<v Speaker 2>we will not accept your resignation. Wait for the contract

186
00:09:24.919 --> 00:09:27.360
<v Speaker 2>to expire and don't renew it, and then a relationship

187
00:09:27.440 --> 00:09:31.039
<v Speaker 2>is over. But the if they accepted her resignation and

188
00:09:31.080 --> 00:09:34.240
<v Speaker 2>she's no longer in the loop anymore than the consideration

189
00:09:34.320 --> 00:09:38.360
<v Speaker 2>that formed the basis for the contract has disappeared exactly.

190
00:09:38.519 --> 00:09:41.159
<v Speaker 1>Yep, that's yeah, you got it. You could you could

191
00:09:41.159 --> 00:09:45.039
<v Speaker 1>come back to practice, right, Yeah, that's exactly an argument.

192
00:09:46.279 --> 00:09:49.759
<v Speaker 1>It's one thing if you say, Okay, you're stuck with this,

193
00:09:50.799 --> 00:09:53.000
<v Speaker 1>but you're still going to begin in the magazine or

194
00:09:53.000 --> 00:09:57.000
<v Speaker 1>the Benefits or whatever you'd subscribe to. But no, in

195
00:09:57.039 --> 00:09:59.799
<v Speaker 1>this case, you got she received the letter from the

196
00:10:00.039 --> 00:10:03.639
<v Speaker 1>and saying, uh, sorry to see you go. We'll please

197
00:10:03.799 --> 00:10:07.399
<v Speaker 1>consider coming back. UH. And you know you can't vote

198
00:10:07.399 --> 00:10:09.240
<v Speaker 1>in union elections and you can't do this. You can't

199
00:10:09.240 --> 00:10:12.039
<v Speaker 1>do this, You've lost all these rates. Uh. And in

200
00:10:12.080 --> 00:10:13.840
<v Speaker 1>the meantime, we're going to keep collecting the money.

201
00:10:15.559 --> 00:10:16.519
<v Speaker 2>How pervasive is.

202
00:10:16.519 --> 00:10:18.840
<v Speaker 1>That's that's that's the thing that's just sort of ludicrous.

203
00:10:18.919 --> 00:10:23.080
<v Speaker 2>That absolutely is How pervasive is this practice? I mean,

204
00:10:23.159 --> 00:10:24.679
<v Speaker 2>is it just the A f l C, I O

205
00:10:24.840 --> 00:10:27.720
<v Speaker 2>or other unions doing the unions doing the same thing.

206
00:10:28.159 --> 00:10:28.519
<v Speaker 1>Are there?

207
00:10:29.120 --> 00:10:32.200
<v Speaker 2>Is she been being treated exactly like everyone else in

208
00:10:32.200 --> 00:10:32.960
<v Speaker 2>her situation?

209
00:10:34.879 --> 00:10:36.279
<v Speaker 1>I would I would tend to say, you know, it

210
00:10:36.679 --> 00:10:39.759
<v Speaker 1>varies from from UH union to union. I would say,

211
00:10:39.840 --> 00:10:43.360
<v Speaker 1>most of the public again, this this applies just to

212
00:10:43.480 --> 00:10:49.039
<v Speaker 1>public sector unions, right, UH have adopted these same type practices. Now,

213
00:10:49.039 --> 00:10:51.759
<v Speaker 1>in my experience in liigating for buck Eye, we've had

214
00:10:51.759 --> 00:10:55.799
<v Speaker 1>a number of cases where we've been able to either

215
00:10:55.840 --> 00:10:58.600
<v Speaker 1>before filing suit or after filing suit, reach out to

216
00:10:58.600 --> 00:11:02.879
<v Speaker 1>the union uh, and they will be reasonable and say, yeah, look,

217
00:11:02.879 --> 00:11:05.399
<v Speaker 1>because you know the warriors who are representing them saying

218
00:11:05.799 --> 00:11:09.440
<v Speaker 1>the amount of money that's worth a year, it's just

219
00:11:09.480 --> 00:11:11.679
<v Speaker 1>not worth the fight. Plus there's the chance that they

220
00:11:11.759 --> 00:11:15.759
<v Speaker 1>might get unfavorable precedent. Right. So we've been able to

221
00:11:15.759 --> 00:11:19.360
<v Speaker 1>settle a good number of these cases. But sometimes we

222
00:11:19.480 --> 00:11:22.639
<v Speaker 1>get ones that the union is digging the heals in

223
00:11:22.799 --> 00:11:26.320
<v Speaker 1>and you know, is not willing to settle. And this

224
00:11:26.399 --> 00:11:27.360
<v Speaker 1>is one of those cases.

225
00:11:28.840 --> 00:11:31.559
<v Speaker 2>Well, since you're now in Hamilton County Common Police Court

226
00:11:31.600 --> 00:11:33.399
<v Speaker 2>and of course they continue to fight this all the

227
00:11:33.399 --> 00:11:35.720
<v Speaker 2>way up potentially the Hio Supreme Court, where I think

228
00:11:35.960 --> 00:11:37.600
<v Speaker 2>the odds, given the makeup of the court are pretty

229
00:11:37.600 --> 00:11:41.200
<v Speaker 2>substantial that you're going to win. Ultimately, you think this

230
00:11:41.240 --> 00:11:44.240
<v Speaker 2>will also settle, settle in the final analysis or refunder

231
00:11:44.279 --> 00:11:46.960
<v Speaker 2>money and maybe even pay you your attorney's fees.

232
00:11:47.320 --> 00:11:53.039
<v Speaker 1>Jay, We'll see, we'll see. My sense is on the

233
00:11:53.080 --> 00:11:55.639
<v Speaker 1>attorney s fee, this is sort of downside, right if

234
00:11:55.720 --> 00:12:01.440
<v Speaker 1>we were making the constitutional claim in federal court. You know,

235
00:12:01.480 --> 00:12:04.360
<v Speaker 1>we would have a a stechered rate to play in

236
00:12:04.399 --> 00:12:06.919
<v Speaker 1>the attorney sees under just a plain old greach of contract.

237
00:12:07.200 --> 00:12:11.799
<v Speaker 1>In case you dealt right, you know we'll running up

238
00:12:11.840 --> 00:12:12.360
<v Speaker 1>the flag pole.

239
00:12:13.039 --> 00:12:15.799
<v Speaker 2>Got to give it a shot. Jay Carson, Senior litigator

240
00:12:15.840 --> 00:12:17.440
<v Speaker 2>with the Buck Eye Institute. Help them out. I mean,

241
00:12:17.480 --> 00:12:19.840
<v Speaker 2>you can donate and help these wonderful organizations out. I

242
00:12:19.840 --> 00:12:22.080
<v Speaker 2>see it right there red donate button on your website

243
00:12:22.120 --> 00:12:25.879
<v Speaker 2>Buckeyeinstitute dot org. Jay Carson, thank you on behalf of

244
00:12:26.000 --> 00:12:29.679
<v Speaker 2>I know Ms. Little John probably really truly appreciates what

245
00:12:29.720 --> 00:12:31.320
<v Speaker 2>you're doing for her, But you're doing this for all

246
00:12:31.399 --> 00:12:33.879
<v Speaker 2>the union members out our former union members out there,

247
00:12:33.879 --> 00:12:37.120
<v Speaker 2>fighting this good fight and hopefully getting some established precedent

248
00:12:37.159 --> 00:12:39.399
<v Speaker 2>that is in favor of those who quit and letting

249
00:12:39.440 --> 00:12:41.720
<v Speaker 2>them keep the damn money that they're entitled to keep.

250
00:12:42.840 --> 00:12:44.559
<v Speaker 2>Keep it up, Jake, Thanks very much for the time

251
00:12:44.639 --> 00:12:46.440
<v Speaker 2>you spent today bringing my listeners up to speed on

252
00:12:46.480 --> 00:12:48.399
<v Speaker 2>this and what you were doing at the Buckeye Institute.

253
00:12:49.000 --> 00:12:52.039
<v Speaker 2>Thanks for having me my pleasure, my friend eighteen for

254
00:12:52.159 --> 00:12:53.960
<v Speaker 2>you bu Kcity Talks. They to stick around. We've got

255
00:12:54.240 --> 00:12:56.919
<v Speaker 2>Jay Ratliffe coming up just a few minutes. First word

256
00:12:56.919 --> 00:12:58.919
<v Speaker 2>for my friends at US Antilation, and they will give

257
00:12:58.919 --> 00:13:01.360
<v Speaker 2>you a free inspection. Remember it's free. So if you're

258
00:13:01.559 --> 00:13:05.200
<v Speaker 2>post mid seventies build home now, new homes I think

259
00:13:05.240 --> 00:13:08.559
<v Speaker 2>have sufficient insulation. I mean that's my understanding, because the

260
00:13:08.559 --> 00:13:11.679
<v Speaker 2>code requires an adequate amount of insulation in the exterior walls.

261
00:13:11.720 --> 00:13:14.759
<v Speaker 2>But it didn't always be that. It wasn't always that way,

262
00:13:14.799 --> 00:13:17.559
<v Speaker 2>so before the mid seventies there's nothing in the exterior walls,

263
00:13:17.559 --> 00:13:19.759
<v Speaker 2>and the vast majority of homes build pre mid seventy

264
00:13:19.840 --> 00:13:21.960
<v Speaker 2>you need the foam in there that'll insulate your home

265
00:13:22.039 --> 00:13:25.159
<v Speaker 2>and make it more comfortable guaranteed. And if you are

266
00:13:25.200 --> 00:13:28.000
<v Speaker 2>a later or an older build like my daughter's house

267
00:13:28.120 --> 00:13:31.000
<v Speaker 2>late seventies, she had R twelve in the exterior walls,

268
00:13:31.000 --> 00:13:34.120
<v Speaker 2>which was deteriorated, not providing much insulated value at all,

269
00:13:34.759 --> 00:13:36.360
<v Speaker 2>not that it had much in the first place. So

270
00:13:36.600 --> 00:13:39.200
<v Speaker 2>in went the USA PHAM. We bought that for her,

271
00:13:39.399 --> 00:13:42.960
<v Speaker 2>now experiencing far greater comfort in her old home and

272
00:13:43.799 --> 00:13:46.720
<v Speaker 2>energy savings guaranteed from USA. And right now, if you

273
00:13:46.720 --> 00:13:49.000
<v Speaker 2>get the fall of walls phoned in your home so

274
00:13:49.039 --> 00:13:50.960
<v Speaker 2>I mean it needs it, a free inspection will reveal

275
00:13:51.000 --> 00:13:52.639
<v Speaker 2>that and you get a free quote. At the same time,

276
00:13:53.000 --> 00:13:55.279
<v Speaker 2>they'll give you a free attic insulation. It's right, insulate

277
00:13:55.279 --> 00:13:57.039
<v Speaker 2>your attic four free when you pay for the foam

278
00:13:57.080 --> 00:14:00.320
<v Speaker 2>exterior walls. The ultpuate no brainer. Even more so proof

279
00:14:00.360 --> 00:14:02.480
<v Speaker 2>by the government who wants to give you twelve hundred

280
00:14:02.480 --> 00:14:04.559
<v Speaker 2>dollars for getting the phone in the exterior walls. That's

281
00:14:04.559 --> 00:14:06.440
<v Speaker 2>a tax credit that will be available to you next

282
00:14:06.519 --> 00:14:09.120
<v Speaker 2>year when you phone the walls this year. So get

283
00:14:09.240 --> 00:14:11.320
<v Speaker 2>on the horn. Get a free inspection. Doesn't take anything

284
00:14:11.320 --> 00:14:12.759
<v Speaker 2>but a little bit of your time and a phone

285
00:14:12.759 --> 00:14:14.960
<v Speaker 2>call to USA. That's three eight one three six two

286
00:14:15.000 --> 00:14:18.519
<v Speaker 2>six three eight one phone. Learn more online at USA

287
00:14:18.600 --> 00:14:21.039
<v Speaker 2>installation dot net. Fifty five KRC