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Local 'Right to Work' Law in Kentucky County Upheld By 6th Circuit Panel


Earlier this month,  the Sixth Circuit Court of Appeals reversed a lower court's ruling and held that a local 'right to work' law enacted by a county in Kentucky was lawful.  In UAW v. Hardin County, Kentucky, a Sixth Circuit panel, comprised of three Republican appointed judges, held that Hardin County in Kentucky did not violate federal labor law when it banned the use of agreements between employers and unions which required employees to join a union.  The Court further held that counties have the same rights as states to bar these type of agreements.

Note, although a statewide 'right to work' law has been attempted in Kentucky, efforts have proven to be unsuccessful.  As a result, counties in Kentucky are charged with having the ability to enact 'right to work' laws...with nearly a dozen counties haven done so.  And as the Sixth Circuit panel reaffirmed in this case, these counties have every right to do so. 

According to the union's attorney, it is expected they will ask the full Sixth Circuit to reconsider the case.  Whether that leads anywhere is hard to say at this point.  Though, as others have noted, with an incoming President Trump and a Republican controlled Congress, we may soon see an aggressive anti-union approach to labor issues (and perhaps more 'right to work' states in the coming years?).  I would not necessarily call that a sunny outlook for how this case might ultimately be decided if it is appealed...at least from the union's perspective.  Stay tuned.



A copy of the Sixth Circuit's opinion can be found here:  http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0275p-06.pdf

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