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Posts tagged "Right to Work"

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

State Labor Laws | David Pryzbylski

  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…

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

State Labor Laws, Unions and Union Membership | Gerald Lutkus

  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…

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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

Federal Laws and Legislation | Keith Brodie

  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?

Federal Laws and Legislation, Unions and Union Membership | Gerald Lutkus

  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

State Labor Laws | David Pryzbylski

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 PryzbylskiRecently recognized as one of the top under-40 labor lawyers…

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

Unions and Union Membership | David Pryzbylski

  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

National Labor Relations Board | John Koenig

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

National Labor Relations Board | David Pryzbylski

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 Labor Laws | Keith Brodie

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

State Labor Laws | Keith Brodie

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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