Skip to main content

Seventh Circuit Hears Arguments in Right to Work Zone Case


Yesterday, the Seventh Circuit Court of Appeals heard arguments on the legality of right to work zones in Illinois, specifically an effort by the village of Lincolnshire to implement a right to work zone in its town a few years ago.  That right to work zone was challenged by the International Union of Operating Engineers Local 150 and 399, the Chicagoland Regional Council of Carpenters, and the Laborers District Council of Chicago and Vicinity after Lincolnshire passed the right to work zone ordinance in 2015.  After a Circuit Judge ruled in favor of the unions last year, the appeal was taken to the Seventh Circuit Court of Appeals.  While I would not say that yesterday’s arguments gave a nod, either way, as to which way the Court will rule, it would not surprise me to see the Circuit Judeg’s ruling upheld.  The question would then turn to whether the Supreme Court would take up an appeal at that point.

For readers that do not recall, right to work laws/ordinances prohibit union membership as a condition of employment and also bar non-union members from being required to pay ‘agency fees’/‘fair share fees’ to the union.  Critics of right to work laws have long argued that these laws allow non-union employees to have free representation in the collective bargaining process without having to pay for union representation.  Further, critics of these laws have argued it is an unlawful attempt to further weaken labor unions in the country (on the theory that if employees can reap the benefits of union representation, they would have no need to actually join a union...which would lead to further lowered union membership and union dues across the country).

Illinois Governor Bruce Rauner, a Republican, has long advocated for right to work zones in the state, given that a statewide right to work bill is likely a far ways off.  In en effort to circumvent Democrats in the state that could block a statewide bill, Governor Rauner and others, have seen right to work zones as one avenue to promote business in the state (and limit the influence of unions in the workplace).


For additional information:  https://www.google.com/amp/www.mdjonline.com/neighbor_newspapers/extra/news/appellate-court-hears-arguments-in-municipal-right-to-work-case/article_bd9ebb6e-a511-5f85-b280-3d36a2d87d13.amp.html

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies i...

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...