loader
Page is loading...
generic_insight_detail

The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review


On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued their legal challenge to the Sixth Circuit’s decision in Hardin as a means to prompt United States Supreme Court review. The Sixth Circuit’s decision in Hardin may be on a collision course with the Seventh Circuit that recently was asked to review a right-to-work ordinance passed by the municipality of Lincolnshire, Illinois. In International Operating Engineers, Local 399, AFL-CIO et al. v. Village of Lincolnshire, Illinois, et al, an Illinois U.S. District court struck down a Lincolnshire, Illinois right-to-work ordinance, holding it was preempted by the National Labor Relations Act. The Seventh Circuit is scheduled to hear an appeal in that case; setting the stage for a result contrary to the Sixth Circuit Hardin decision. Last week the Sixth Circuit declined a request for en banc review of its decision in Hardin, a less than surprising result given the fact that Kentucky adopted right-to-work legislation. The action by the State of Kentucky essentially made moot the specific issue in Hardin. Regardless, the union’s that sought en banc review are hoping that a circuit split between the Sixth and Seventh Circuits (should the Seventh Circuit uphold the lower court) will ultimately lead to Supreme Court review. Commentators think this issue may be attractive for Supreme Court review, especially if other local municipalities around the country attempt to pass their own right-to-work ordinances, a trend that has appeared to gain momentum during the last 18 months.


LEAVE YOUR COMMENT

RELATED ARTICLES

Is Fighting With Coworkers Protected Activity?

July 17, 2019 | Labor Relations, National Labor Relations Board, Union Organizing

NLRB Gives Employers Win Against Non-Employee Union Organizers

June 17, 2019 | Labor Relations, National Labor Relations Board

Does The National Labor Relations Act Apply To Teachers At Charter Schools?

February 5, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB GC Action May Make Unions More Accountable To Their Members

October 26, 2018 | National Labor Relations Board, Labor Relations

Does “Creating the Impression of Surveillance” Violate Labor Law?

October 10, 2018 | Union Organizing, Labor Relations

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.