News & Insights

Approximately 24 states have passed right-to-work legislation into law—most recently, Indiana. This is not surprising, as there is no debate that the NLRA permits right-to-work laws at the “State and Territorial” level. There is also legal support for the proposition that local right-to-work measures, such as the ordinance enacted by Hardin County, Kentucky, are indeed “state” measures [the idea being that counties and cities are political subdivisions of states—and thus, counties, cities and states are one in the same].  However, there are only a couple of instances in which counties or cities have enacted right-to-work laws at the “local” level. In these rare instances, courts have not been kind to local right-to-work measures, and have stricken these local laws on various grounds.

The Hardin County decision will certainly be worth watching, as the impact on labor-management relations is considerable and far-reaching. If the parties have the intestinal fortitude, this case could find its way to the Supreme Court of the United States. Our group of labor relations attorneys will follow this case closely—and will keep you posted.