Wyatt Employment Law Report

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Sixth Circuit denies request to reconsider Hardin County’s “right to work” ordinance

By Courtney Samford

Last week, the Sixth Circuit denied a request by several collective bargaining organizations to rehear a challenge to Hardin County, Kentucky’s “right to work” ordinance.  The union challengers, including the ALF-CIO, argued that the county ordinance was preempted by the National Labor Relations Act (“NLRA”).  More specifically, they claimed that Hardin County’s ordinance was preempted by the NLRA, which only permits “State or Territorial” laws prohibiting security agreements between employers and unions.  The County, on the other hand, took the position that its ordinance was valid because it was a political subdivision of the Commonwealth of Kentucky.  The lower court found in favor of the union plaintiffs and struck down the ordinance.

Hardin County appealed to the Sixth Circuit, and a three-judge panel reversed the lower court’s ruling, finding that “State or Territorial” laws include ordinances passed by Continue reading

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Update: Right-to-Work Law

By Amanda Warford Edge

Last Friday, January 6, 2017, Wyatt reported that Kentucky was poised to join 26 other states that have enacted right-to-work laws, as Kentucky’s new GOP House majority passed HB1. Over the weekend, HB1 was approved by the GOP Senate majority, and on Monday, January 9, 2017, Governor Matt Bevin signed HB1 into law. The new right-to-work law, which takes effect immediately, is available here.