Since December of last year, five different counties in Kentucky have passed "right-to-work laws" making it illegal for employers within their borders to require union membership as a condition of employment. While 24 states have passed such laws to date, this appears to be the first time efforts by smaller units of "state government" (i.e., counties) have been undertaken on this front. While the NLRA allows "states" to pass and implement right-to-work laws, it is not clear if smaller units of local government can pass these laws or not. Unions have filed a lawsuit against these Kentucky counties in federal court, so we'll likely soon know whether these laws will stand. If they are deemed to be valid under the NLRA, we could see a tidal wave of coutnies in non-right-to-work states taking up this cause on their own. Articles with more background on this issue can be found here and here. Stay tuned to the B&T labor blog for further developments.
RELATED ARTICLES
Who’s Down With PCA? All Employees Will Be Under Proposed New Standard
April 5, 2021 | Labor Relations, National Labor Relations Board
Unnecessary Roughness: NLRB Calls Foul on Union for Workplace Investigation Interference
June 17, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Union Violated Labor Law By Refusing To Provide Information On How To Resign
January 9, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Final Exam? NLRB to AGAIN Address Whether Grad Students are Employees
September 23, 2019 | Labor Relations, National Labor Relations Board
Uh-Oh: Company’s Social Media Policy Ruled Unlawful
September 18, 2019 | Labor Relations, National Labor Relations Board
Who’s Down With PCA? All Employees Will Be Under Proposed New Standard
April 5, 2021 | Labor Relations, National Labor Relations Board
Unnecessary Roughness: NLRB Calls Foul on Union for Workplace Investigation Interference
June 17, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Union Violated Labor Law By Refusing To Provide Information On How To Resign
January 9, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership
Final Exam? NLRB to AGAIN Address Whether Grad Students are Employees
September 23, 2019 | Labor Relations, National Labor Relations Board
Uh-Oh: Company’s Social Media Policy Ruled Unlawful
September 18, 2019 | Labor Relations, National Labor Relations Board
The Dizzying World of Worker Classification Just Got Slightly Less Harrowing
September 3, 2019 | Labor Relations, National Labor Relations Board
NLRB Announces New Standard for Off-Duty Onsite Contractors' Access to Property
August 27, 2019 | Labor Relations, National Labor Relations Board
Ouch! Harm to Business or Reputation Policy Ruled Unlawful
August 23, 2019 | Labor Relations, National Labor Relations Board
Planes, Trains, and No Collusion!
June 13, 2019 | Labor Relations, Federal Laws and Legislation
NLRB GC Action May Make Unions More Accountable To Their Members
October 26, 2018 | National Labor Relations Board, Labor Relations
Reckless Driving: Employee Discharge For Antics On Public Highway Upheld
October 5, 2018 | Strikes and Picketing, Unions and Union Membership, Labor Relations
Federal Court Shoots Down Illinois Town’s Right-To-Work Law
October 2, 2018 | Unions and Union Membership, Labor Relations
Is That A Section 9(a) Or 8(f) Agreement? The NLRB May Soon Be Providing More Clarity.
September 13, 2018 | National Labor Relations Board, Labor Relations
Does Enrolling In E-Verify Violate Labor Law?
September 7, 2018 | National Labor Relations Board, Labor Relations
When Do Employee Weingarten Rights Kick In?
August 17, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Missouri Voters Deliver Blow to Right-to-Work Movement
August 10, 2018 | Unions and Union Membership, Labor Relations
No Soliciting: Employer Solicitation Ban Ruled Unlawful
August 9, 2018 | National Labor Relations Board, Labor Relations
Changes Coming to NLRB’s Stance On Company E-Mail Policies?
August 2, 2018 | National Labor Relations Board, Labor Relations
Happiest Union On Earth? Teamsters Violated Disney Parks Workers’ Labor Law Rights
June 25, 2018 | National Labor Relations Board, Labor Relations
Right-to-Work in Illinois? One Village is Trying.
March 28, 2018 | State Labor Laws, Labor Relations
Whose Law Is It Anyway? NLRB Dings Company For Actions Related To FLSA (Not NLRA) Lawsuit
March 22, 2018 | National Labor Relations Board, Labor Relations
Another Redo At The NLRB Because Of Conflicts of Interest?
March 16, 2018 | National Labor Relations Board, Labor Relations
Full Disclosure: Hospital Forced To Give Union Confidential Business Information
March 13, 2018 | National Labor Relations Board, Labor Relations
Does Labor Law Protect Employees Engaged In Harassment?
March 7, 2018 | National Labor Relations Board, Labor Relations
Justified: Labor Board Upholds Discharge Of Employee Who Misused Company Security Passcode
March 6, 2018 | National Labor Relations Board, Labor Relations
U.S. Supreme Court to Take Up Independent Contractor Arbitration Case
February 27, 2018 | National Labor Relations Board, Labor Relations
Oh no! It’s Back: NLRB’s Browning-Ferris Decision Reinstated
February 26, 2018 | National Labor Relations Board, Labor Relations
Does Misclassifying Employees As Independent Contractors Violate Labor Law?
February 19, 2018 | Department of Labor, National Labor Relations Board, Labor Relations
Prior Administration Board Decisions Still Matter
February 16, 2018 | National Labor Relations Board, Labor Relations
Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?
February 7, 2018 | National Labor Relations Board, Labor Relations
On the Hook: NLRB Forces Hotel to Pay Union’s Attorney’s Fees Related to Boycott Spat
February 5, 2018 | National Labor Relations Board, Labor Relations
Second Time’s the Charm? NLRB to Reconsider Lawfulness of Restaurant’s Work Rules Under New Standard
February 1, 2018 | National Labor Relations Board, Labor Relations
Columbia to Fight NLRB Ruling on Graduate Assistants’ Unionization Efforts in Federal Court
January 31, 2018 | National Labor Relations Board, Labor Relations
Kentucky’s Right-to-Work Law Upheld by Court
January 26, 2018 | State Labor Laws, Unions and Union Membership, Labor Relations
DOL Head Slams NLRB’s Vague Test for Joint Employment
November 21, 2017 | National Labor Relations Board, Labor Relations
NLRB Protected Concerted Activity or Harassment – Will Employers Finally Get Clarity?
November 14, 2017 | National Labor Relations Board, Labor Relations
Action! House Passes Legislation to Stave Off Broadening Definition of Joint Employment
November 8, 2017 | National Labor Relations Board, Labor Relations
Will Congress Act to Stave Off the Broadening Definition of Joint Employment?
October 6, 2017 | National Labor Relations Board, Labor Relations
NBA Team’s Electronic Display Operators are Employees, Not Independent Contractors, Says NLRB
August 22, 2017 | National Labor Relations Board, Labor Relations
A Nice Change of Pace: NLRB Upholds Employer’s Confidential Information Policy
August 15, 2017 | National Labor Relations Board, Labor Relations
‘Absurd Results’: NLRB Takes 'Facebook Discipline Cases' to New Heights (Or New Lows, Depending on Your Point of View)
July 31, 2017 | National Labor Relations Board, Labor Relations
Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity
July 26, 2017 | National Labor Relations Board, Labor Relations
Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors
July 12, 2017 | National Labor Relations Board, Labor Relations
Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity
July 7, 2017 | National Labor Relations Board, Labor Relations
Negotiating Tips: The Art of the Ratification Bonus
June 23, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Take a Screen Shot of This: Supervisor Unlawfully Interrogated Employee Through Text, NLRB Says
June 23, 2017 | National Labor Relations Board, Labor Relations
Fahrenheit 180: DOJ Reverses Course, Abandons NLRB at Supreme Court in Class Action Fight
June 19, 2017 | National Labor Relations Board, Labor Relations
‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court
June 15, 2017 | National Labor Relations Board, Labor Relations
‘Smile, You’re On Candid Camera’ – Federal Court Upholds NLRB Ruling That Prohibits Non-Union Employers From Banning Recordings in the Workplace
June 5, 2017 | National Labor Relations Board, Labor Relations
Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend
May 26, 2017 | National Labor Relations Board, Labor Relations
First-Year Report Card on Graduate Student Assistants Unionization
May 19, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Another Overreach? NLRB Finds Company Violated the NLRA by Retaliating Against Former Employee for Filing FLSA (Not NLRA) Class Action
May 18, 2017 | National Labor Relations Board, Labor Relations
NLRB Invalidates Another Employer Arbitration Agreement – But NOT Under D.R. Horton
April 17, 2017 | National Labor Relations Board, Labor Relations
The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review
March 14, 2017 | Federal Laws and Legislation, Labor Relations
Missouri Adopts Right-to-Work, Are the Feds Next?
February 9, 2017 | Federal Laws and Legislation, Unions and Union Membership, Labor Relations
Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules
January 23, 2017 | State Labor Laws, Labor Relations
U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue
January 13, 2017 | National Labor Relations Board, Labor Relations
NLRB Affirms Decision Finding Charter Schools Subject to NLRA
November 23, 2016 | National Labor Relations Board, Labor Relations
NLRB: Is Misclassification of Independent Contractors an Unfair Labor Practice?
August 31, 2016 | National Labor Relations Board, Labor Relations
Down Goes Brown – NLRB Finds Graduate Assistants May Unionize
August 23, 2016 | National Labor Relations Board, Labor Relations
Federal Court Strikes Down Part of Georgia’s Right to Work Law
July 13, 2016 | Unions and Union Membership, Labor Relations
NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity
July 6, 2016 | National Labor Relations Board, Labor Relations
Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay
June 9, 2016 | National Labor Relations Board, Labor Relations
Are Permanent Replacements Permanent Anymore?
June 3, 2016 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Defends Attempt to Encroach on Tribal Sovereignty
May 27, 2016 | National Labor Relations Board, Labor Relations
U.S. Chamber of Commerce Publishes State Labor Law Reform Report
May 16, 2016 | State Labor Laws, Labor Relations
County Right-to-Work Laws in Kentucky Struck Down By Federal District Court
February 5, 2016 | Unions and Union Membership, Labor Relations
11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors
February 4, 2016 | National Labor Relations Board, Labor Relations
NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court
January 26, 2016 | National Labor Relations Board, Labor Relations
Another One Bites the Dust: NLRB Invalidates Another Widely-Used Personnel Policy
January 5, 2016 | National Labor Relations Board, Labor Relations
UAW Accused of Failing to Honor Michigan Right to Work Law
December 2, 2015 | National Labor Relations Board, Labor Relations
Arbitration Agreement “Take Two”: Fifth Circuit Refuses to Revisit D.R. Horton in Murphy Oil Case
October 29, 2015 | National Labor Relations Board, Labor Relations
Another NLRB Flip-Flop in the Works: Unions Seek to Organize College and University Graduate Assistants
October 28, 2015 | National Labor Relations Board, Labor Relations
Fees For Union Services Still Prohibited In “Right-to-Work States”… At Least For Now
July 13, 2015 | National Labor Relations Board, Labor Relations
Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?
July 9, 2015 | State Labor Laws, Labor Relations
NLRB Reaches Agreement With The Republic Of Colombia To Educate Colombian Citizens On The NLRA
June 16, 2015 | National Labor Relations Board, Labor Relations
MERC Upholds Michigan Right to Work Decision Finding Teachers Can Withdraw From Union At Any Time
June 11, 2015 | State Labor Laws, Labor Relations
WTF? NLRB’s OK with “Cut the Crap?"
June 4, 2015 | National Labor Relations Board, Labor Relations
House Committee Considers “NLRB’s Assault on Right-to-Work”
June 4, 2015 | National Labor Relations Board, Labor Relations
NO PIN POLICY VIOLATES NLRA
May 7, 2015 | National Labor Relations Board, Labor Relations
NLRB Signals It May Chip Away at Right to Work Laws
April 22, 2015 | National Labor Relations Board, Labor Relations
NLRB Scrutiny Of Employer Handbook Policies Continues With ALJ Ruling Against T-Mobile
March 24, 2015 | National Labor Relations Board, Labor Relations
Wisconsin Becomes the 25th Right-to-Work State
March 9, 2015 | Unions and Union Membership, Labor Relations
Wisconsin Senate to Vote on Right-to-Work Bill
February 25, 2015 | Unions and Union Membership, Labor Relations
Another challenge to Michigan’s Right to Work law bites the dust
February 9, 2015 | Labor Agreements, Unions and Union Membership, Labor Relations
NLRB: Employer letters regarding dues payment options violated NLRA
February 4, 2015 | National Labor Relations Board, Labor Relations
MICHIGAN SUPREME COURT HEARS CHALLENGE TO STATES RIGHT TO WORK LAW
January 20, 2015 | Unions and Union Membership, Labor Relations
Amazon Settlement with NLRB a Reminder for Employers -- "Confidential" Wage Policies Violate the NLRA
November 25, 2014 | National Labor Relations Board, Labor Relations
Michigan Teachers Union Suffers Right To Work Setbacks – Teachers Can Leave Unions At Anytime
September 4, 2014 | National Labor Relations Board, Labor Relations
Seventh Circuit Upholds Indiana Right to Work Law – Indiana Supreme Court to Weigh in Next
September 2, 2014 | Federal Laws and Legislation, State Labor Laws, Labor Relations
Strike Two for Right-to-Work Statute in Indiana
July 25, 2014 | State Labor Laws, Labor Relations
NLRB Decides Not to Risk Its D.R. Horton Decision
July 22, 2014 | National Labor Relations Board, Labor Relations
Reality vs. “Objectivity” – The NLRB’s Use of Atlantic Steel to Sanction a Coarsening of the Workplace
June 11, 2014 | National Labor Relations Board, Labor Relations
Seventh Circuit Upholds Controversial Wisconsin Collective Bargaining Law (Again)
April 18, 2014 | Public Employees, Labor Relations
NLRB DR Horton Rehearing Denied
April 17, 2014 | National Labor Relations Board, Labor Relations
A Mixed Bag of Tricks for Michigan's Right to Work Law
April 2, 2014 | Federal Laws and Legislation, State Labor Laws, Union Organizing, Labor Relations
Football is a "Year-round Gig": The Briefs are in on Unionizing College Athletes
March 21, 2014 | Union Organizing, Unions and Union Membership, Labor Relations
New Michigan Right to Work Lawsuit Filed After MEA Threatens to Send Teacher to Collections for Failing to Pay Dues
March 10, 2014 | State Labor Laws, Labor Relations
Public Sector Right to Work Issue in Michigan Elevates to State High Court
January 31, 2014 | Unions and Union Membership, Labor Relations
No Gossiping Rule Violates NLRA
December 16, 2013 | National Labor Relations Board, Labor Relations
Seventh Circuit Rules Salary Payments Violate the Labor Management Relations Act
November 6, 2013 | National Labor Relations Board, Labor Relations
Michigan's Right to Work Law Gets Personal - Union Intimidation and Threats Alleged
October 25, 2013 | Unions and Union Membership, Labor Relations
Michigan Right to Work – What’s the Effect: A Data Point
October 4, 2013 | State Labor Laws, Labor Relations
Union, Court Fight Against Right to Work in Michigan Continues
September 13, 2013 | State Labor Laws, Unions and Union Membership, Labor Relations
Decertification 101
September 12, 2013 | Union Organizing, Labor Relations
Indiana Judge Rules State's Right To Work Law Unconstitutional
September 10, 2013 | State Labor Laws, Labor Relations
Michigan Right to Work Act Upheld by Court of Appeals
August 19, 2013 | Federal Laws and Legislation, Labor Relations
Another Union Attempt to Circumvent Michigan’s Right to Work Law: Controversies in Michigan Continue
August 9, 2013 | Unions and Union Membership, Labor Relations
Right To Work Efforts: Has the Momentum Stalled?
August 8, 2013 | Unions and Union Membership, Labor Relations
Michigan Supreme Court Won’t Give Advisory Opinion on Right-to-Work
July 8, 2013 | Federal Laws and Legislation, Labor Relations
ACLU’s Stealth Challenge to Michigan Right to Work…Could Open Meetings Act Lawsuit Sink Controversial Law?
June 11, 2013 | Labor Agreements, Labor Relations
Associate in Small Law Firm Meets NLRA Definition of Supervisor
June 6, 2013 | National Labor Relations Board, Labor Relations
The Right-to-Work Discussion Carries On in the Seventh Circuit and the Ohio Statehouse
June 5, 2013 | National Labor Relations Board, Labor Relations
New Source for Information: Michigan Hires Right-to-Work Specialist
April 19, 2013 | Labor Relations
Court Overturns NLRB Decision in Stella D’Oro Biscuit Co. v. NLRB
April 1, 2013 | National Labor Relations Board, Labor Relations
Right to Work Making an Impact?
March 21, 2013 | Labor Relations
NLRB Lightens Grip on At-Will Language
March 12, 2013 | National Labor Relations Board, Labor Relations
New Hampshire Right to Work? Not So Fast
February 18, 2013 | Federal Laws and Legislation, Labor Relations
Unions File Suit Challenging Michigan’s Right to Work Law
February 12, 2013 | Federal Laws and Legislation, Unions and Union Membership, Labor Relations
Right To Work Challenge Dismissed in Federal Court
January 22, 2013 | Federal Laws and Legislation, Labor Relations
RELATED PRACTICE AREAS
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
