Sixth Circuit Upholds Kentucky Counties' Right-To-Work Laws

Employee Relations

In a major blow to organized labor, a federal appeals court has upheld the ability of local governments to enact right-to-work laws within their jurisdiction, even in non-right-to-work states.  The decision affects eleven Kentucky counties, making it permissible for localities within the Sixth Circuit to ban employers from requiring that employees pay dues or a fee to a union as a condition of employment.  In a lawsuit filed against such laws by the United Auto Workers, the union prevailed in federal district court, where a federal district judge held that the power to enact right-to-work laws was reserved exclusively for state governments.  However, a three-judge panel for the Sixth Circuit ruled that references to a "state" in federal law include state political subdivisions unless specifically expressed otherwise.  As it turns out, Kentucky is widely expected to become the twenty-seventh right-to-work state after a Republican majority was recently voted into the state house of representatives, giving Republicans control of both the legislature and executive branch.  Regardless of the state legislature's actions, though, Kentucky AFL-CIO President Bill Londrigan has vowed to request a review by the full Sixth Circuit Court of Appeals, or the U.S. Supreme Court if necessary.  If ultimately upheld, the decision could spark similar laws in numerous jurisdictions in the other 23 states.