Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
4

28 Mar 2018 Right-to-Work in Illinois? One Village is Trying.

  Illinois is completely surrounded by right-to-work states that have laws making it unlawful for companies to require union dues as a condition of employment. While the state of Illinois is unlikely to pass such legislation of its own, the Illinois village of Lincolnshire attempted to enact a right-to-work ordinance in 2015 that would have been applicable to companies and unions within its borders. Unions filed a lawsuit to have the village’s ordinance voided, and…

READ MORE
7

26 Jan 2018 Kentucky’s Right-to-Work Law Upheld by Court

  A Kentucky state court judge has granted a motion to dismiss a lawsuit brought by Teamsters’ Local 89 from Louisville, which claimed that Kentucky’s new Right-to-Work Act constituted a “taking” by the state in violation of the Kentucky Constitution.   The state’s constitution prohibits the state from “taking … private property for public use without compensation.” The Teamsters argued that the new law constituted a “taking” because it allowed “freeloaders” to have the benefit…

READ MORE
0

01 Nov 2017 Survivor: Iowa Law Curtailing Public Union’s Powers Fends Off Court Challenge

  A Polk County, Iowa, judge has dismissed a lawsuit we blogged about recently that challenged a new Iowa law curtailing the collective bargaining powers of the state’s public sector unions. Immediately after the law was passed in February, the American Federation of State, County and Municipal Employees Iowa Council 61 (AFSCME) filed a lawsuit claiming the law violated the state’s constitution. AFSCME is a large public sector union representing tens of thousands of government workers…

READ MORE
0

27 Sep 2017 High Court to Resolve Whether Class Action Waivers Violate NLRA

  On Oct. 2, the U.S. Supreme Court will resume its fall session and tackle, among other issues, whether class action waivers in arbitration agreements are valid and enforceable under Section 7 of the National Labor Relations Act (NLRA). The court will consider a consolidated set of cases emerging from the U.S. Court of Appeals for the Fifth, Seventh and Ninth Circuits, which have taken conflicting views on this question. The court’s resolution of this…

READ MORE
0

13 Sep 2017 Iowa Law Targeting Public Sector Unions Going into Effect

  Iowa recently passed a law that significantly curtails the powers of its public sector unions. Specifically, the law drastically limits the subjects over which those unions can bargain, primarily to wages. Further, before entering into any collective bargaining negotiation, each local public union must hold and prevail in a “recertification election.” A majority of the covered employees must vote to assent to continued union representation.   The law became effective in February, but the…

READ MORE
0

17 Jul 2017 Affirmed: Wisconsin’s Right-to-Work Law Latest to Withstand Judicial Scrutiny

  More than half the states in the nation now have right-to-work laws in place. Wisconsin was one of the more recent states to enact such legislation, and, as often is the case, it was met with much resistance by labor unions, including judicial challenges. A federal lawsuit filed by affiliates of the International Union of Operating Engineers (IUOE) arguing that the law, among other things, violated the U.S. Constitution was struck down by a…

READ MORE
0

16 Mar 2017 Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand

  Following up on our post from earlier this week, on March 15, the U.S. Court of Appeals for the Sixth Circuit has refused to vacate its ruling in Autoworkers Local 3047 v. Hardin County, a Kentucky case. In doing so, the court allows to stand its ruling that municipalities can pass enforceable right-to-work provisions. The unions wanted the decision vacated as moot based on the state of Kentucky adopting right-to-work legislation, thereby making it…

READ MORE
0

20 Feb 2017 Michigan Law Banning Automatic Payroll Deductions for Political Contributions Upheld

  The Michigan Campaign Finance Act will live on following a federal appellate court’s decision to uphold the law. By way of background, the Michigan Campaign Finance Act generally prohibits corporations and unions from contributing directly via automatic payroll deduction to political candidates, but allows contributions to political action committees (PAC). The Act was amended in 2015 to also prohibit automatic payroll deduction programs for PAC or campaign contributions, with limited exceptions.   The Michigan…

READ MORE
0

17 Feb 2017 Right-To-Work On A Roll – Is the Granite State Next?

  As we previously reported, Missouri became the 28th state to adopt right-to-work legislation, which allows employees to opt out of paying dues to a union representing them. No. 29 and the first Northeast state might be on the horizon.   Legislation is pending in New Hampshire, where Gov. Chris Sununu has indicated a willingness to sign a right-to-work bill. The New Hampshire Senate has already passed the measure and the House is now considering…

READ MORE
0

23 Jan 2017 Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules

  Last week, Uber, by way of a subsidiary, brought an action in Washington state court claiming that the City of Seattle’s recently adopted labor ordinance is arbitrary and capricious and that the City did not follow proper rulemaking procedures when they were adopted. The complaint also alleges that the city’s rulemaking process denied members of the public from having a “meaningful opportunity to comment.”   Late last year, Seattle news outlets started reporting about…

READ MORE