Statewide vs. Local Right to Work Laws

Published: Jan. 6, 2017, 3:07 p.m.

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Labor and Employment Law Practice Group Podcast

In 1957, an article in the\\xa0Stanford Law Review\\xa0asked the question: can counties and cities pass right to work ordinances under the Taft-Hartley Amendments to the National Labor Relations Act? The law explicitly allowed states to prohibit "agency-shop" contracts, but did not clearly address subdivisions of states. This question of federal preemption was addressed by courts only three times in more than fifty years. In that time, twenty-six states have passed statewide right to work laws. But recently, Hardin County in Kentucky passed, and the federal Court of Appeals for the Sixth Circuit upheld, a local right-to-work ordinance. Consequently, this sleeper issue may be hugely important in "purple" states across the country.Our\\xa0panel of labor law and federalism experts talked about the law and politics of local right to work laws.

Featuring:

  • Mr. Andrew R. Kloster,\\xa0Attorney, Washington, DC
  • Mr. James Sherk,\\xa0Research Fellow in Labor Economics, The Heritage Foundation
  • Prof. Ariana R. Levinson,\\xa0Professor of Law, University of Louisville Brandeis School of Law
  • Moderator:\\xa0Mr.\\xa0Raymond J. LaJeunesse Jr.,\\xa0Vice President & Legal Director, National Right to Work Legal Defense Foundation
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