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14 Mar 2017 The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review

  On November 21, 2016, we reported that in Autoworkers Local 3047 v. Hardin County, the Sixth Circuit Court of Appeals held that local units of government could pass right-to-work ordinances under the National Labor Relations Act. Subsequently, on January 9, 2017 we reported that the state of Kentucky became a right-to-work state, a decision that seemingly ended any controversy concerning the Hardin County ordinance and litigation. However, a group of local unions have continued…

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09 Feb 2017 Missouri Adopts Right-to-Work, Are the Feds Next?

  This week, Missouri Gov. Eric Greitens signed into law Missouri’s new Right-to-Work Act. At roughly the same time, Republican Reps. Steve King of Iowa and Joe Wilson of South Carolina introduced the national Right-to-Work Act that would amend the National Labor Relations Act and the Railway Labor Act to remove language allowing unions to require membership as a condition of employment.   Republicans, including King and Wilson in 2015, have tried to push a…

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16 May 2016 U.S. Chamber of Commerce Publishes State Labor Law Reform Report

On May 12, the U.S. Chamber of Commerce published a detailed 48-page report analyzing various state laws that have been (or could be) enacted that impact labor relations at the state level. For example, the report discusses at length Right-to-Work laws, laws prohibiting the use of “project labor agreements” and “mass picketing” statutes. It is an interesting read, and a copy can be found here. David PryzbylskiDavid J. Pryzbylski’s interest in labor relations began early in…

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05 Feb 2016 County Right-to-Work Laws in Kentucky Struck Down By Federal District Court

  As previously reported on the blog, last year several counties in Kentucky passed Right-to-Work ordinances that prohibited companies and unions within their borders from requiring union dues as a condition of employment. We also noted that the laws were being challenged in Kentucky federal court by the UAW and several other unions. The unions, who were supported by the NLRB, argued that the Section 14(b) NLRA preempts “counties” from enacting Right-to-Work laws, as Section…

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02 Dec 2015 UAW Accused of Failing to Honor Michigan Right to Work Law

An autoworker in Michigan has filed an unfair labor practice charge with the NLRB accusing the United Auto Workers (UAW) of refusing his repeated requests to withdraw his membership and stop paying dues. According to a story in the Detroit News, the employee twice sent withdrawal notices to the UAW via certified mail, but the union declined his request to withdraw his membership. He alleges the union’s actions are in violation of Michigan’s right to work law…

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13 Jul 2015 Fees For Union Services Still Prohibited In “Right-to-Work States”… At Least For Now

As previously reported on the blog, the NLRB was planning on revisiting its precedent that makes it illegal for unions to charge “fees” to non-dues paying members in right-to-work states for processing grievances and other “services” the unions may provide. Unions often refer to these as “fair share” fees. The issue was before the board in the case United Steel, Paper and Forestry  Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1192…

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09 Jul 2015 Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?

State Right-to-Work laws generally allow any employee to opt out of paying union dues completely. As we have previously covered, such laws, which traditionally have been popular in the South, more recently have been adopted by the state legislatures in “rust belt” states traditionally viewed as bastions of organized labor such as Indiana, Michigan, and Wisconsin. In some jurisdictions, even local municipalities have taken to passing such measures, something the NLRB is likely to challenge….

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11 Jun 2015 MERC Upholds Michigan Right to Work Decision Finding Teachers Can Withdraw From Union At Any Time

Yesterday the Michigan Employment Relations Commission (MERC) unanimously upheld a ruling under Michigan’s Right to Work Law, which   Declared the Michigan Education Association’s (MEA) “August window” for withdrawal from the union illegal; and   Permitted union-represented public employees to withdraw from their unions at any time.   We reported last September on MERC Administrative Law Judge Julia Stern’s initial decision, which determined that MEA’s attempt to limit employees’ right to withdraw from the union…

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04 Jun 2015 House Committee Considers “NLRB’s Assault on Right-to-Work”

This is an update to an April 22, 2015, blog post.   On June 3, the House Committee on Education and the Workforce held a hearing it titled, “Compulsory Unionization through Grievance Fees: The NLRB’s Assault on Right-to-Work.” Chairman John Kline (R-MN) explained the basis for the hearing: “In recent years, the president’s appointees at the NLRB have undermined employee free choice through an ambush election scheme, stifled employee freedom through micro-unions, and restricted employee…

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22 Apr 2015 NLRB Signals It May Chip Away at Right to Work Laws

In a quiet move that did not seem to generate much coverage, on April 16, 2015, the NLRB invited interested parties to file briefs about whether it should permit unions to charge “fair share” fees to nonmembers despite right to work laws. Critics have already argued the NLRB’s move may be a reaction to the number of additional states who have passed right to work laws in recent years – now half of all states…

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