Judge Rules Local ‘Right to Work’ Illegal

by Michael Byrne  |  February 05, 2016

Judge Rules Local ‘Right to Work’ Illegal

A federal judge has ruled that a Kentucky local government meddled illegally in efforts to undermine workers’ rights, passing a so-called right-to-work ordinance. These types of ordinances are pushed by anti-worker organizations like the right-wing American Legislative Exchange Council (ALEC)

Twelve local jurisdictions in Kentucky have passed such ordinances since 2014, despite a ruling by former Kentucky Attorney General Jack Conway they were illegal. The local ordinances were a top priority by ALEC, but AFSCME Indiana-Kentucky Council 962 fought back.

In his ruling, invalidating an ordinance passed in Hardin County, U.S. District Court Judge David Hale said that only state governments can opt out of the federal law that allows “agency shop” agreements that require employees to either pay union dues or “agency fees” to an organization elected to represent them by the majority of workers in a bargaining unit.

“ALEC thought it could push this through local councils – and it’s trying the same thing in Illinois and other states,” said Debra Garcia, executive director of Council 962. “But we had good reason to believe the law was on our side, and this ruling confirms it. Now we have to redouble our efforts in the state legislature to make sure this right-to-work scam isn’t revived.”

While Kentucky’s new governor, Matt Bevin, has taken aim at state employees, pro-worker legislators hold a slim lead in the state House of Representatives. Council 962 will be working hard to ensure that workers’ rights are not diminished further. The current session is expected to continue until mid-April.

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