Posted on 02/06/2016 7:05:46 PM PST by Republican Wildcat
A federal judge struck down Hardin County's [Kentucky] right-to-work ordinance in an order Wednesday, ruling that states, not counties, can exempt themselves from portions of the National Labor Relations Act.
U.S. District Judge David Hale dismissed each of the county's arguments for its ordinance, which passed Hardin County Fiscal Court Jan. 13 and barred unions from collecting fees from non-members.
"The NLRA preempts the right-to-work, hiring-hall, and dues-checkoff provisions of Hardin County Ordinance 300," Hale wrote in his order.
"Section 14(b) is the only exception to NLRA preemption of the field of labor relations, and it does not extend to counties or municipalities. Because Ordinance 300 does not fall under § 14(b)'s narrow exception, sections 4, 5, and 6 of the ordinance are preempted and thus invalid."
Hale's order can be viewed here: Hardin County federal lawsuit order.pdf
Hardin is one of 12 counties that passed right-to-work ordinances since December 2014. Nine labor unions filed the lawsuit against Hardin County the day after its fiscal court approved the overturned local law.
The county can appeal Hale's ruling, which Kentucky State AFL-CIO President Bill Londrigan expects will happen as the case moves up the judicial ladder.
Londrigan said in an interview that his group was "not really so surprised" by the ruling "because we went into the case knowing that we had the intent of Congress, legal precedent and the law itself all on our side."
"It really does have a significant impact on the ability of counties, municipalities to pass ordinances that affect the National Labor Relations Act both here in Kentucky and across the country," he said.
(Excerpt) Read more at mycn2.com ...
long past time to start ignoring judicial decrees.
“On June 19, 2014, President Obama nominated Hale to serve as a United States District Judge of the United States District Court for the Western District of Kentucky.”
Is anyone surprised? An Obola appointee!
I predict that this right-to-work situation will be resolved in the not-too-distant future in a satisfactory manner by Gov. Bevin and the legislature. The unions will not be pleased by the resolution. The feds, by the way, have no business getting involved in what’s clearly a state issue.
Meanwhile, sanctuary cities thumb their noses at federal law and few notice.
Meanwhile, in nearby West Virginia, Right to Work bill sits on the Governor’s desk, awaiting his veto or signature. He will obviously veto it, being a Democrat and all. However, the legislature has a sufficient number of Republicans in both Houses to override his veto. So it looks like West Virginny becomes the 26th RTW State! Thus more states will be RTW states than not. Progress is being made. State by state...
Both West Virginia Senate and House voted to override Governor Tomblins veto of Right to Work legislation. West Virginia now a RTW State!
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