Statewide vs. Local Right to Work Laws




Federalist Society Practice Groups Podcasts show

Summary: In 1957, an article in the Stanford Law Review asked 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 panel of labor law and federalism experts talked about the law and politics of local right to work laws. -- Featuring: Mr. Andrew R. Kloster, Attorney, Washington, DC; Mr. James Sherk, Research Fellow in Labor Economics, The Heritage Foundation; and Prof. Ariana R. Levinson, Professor of Law, University of Louisville Brandeis School of Law. Moderator: Mr. Raymond J. LaJeunesse Jr., Vice President & Legal Director, National Right to Work Legal Defense Foundation.