October 21, 2020

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October 21, 2020

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October 19, 2020

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Kentucky’s Right-to-Work Law Survives Challenge

Kentucky’s right-to-work law has survived a challenge by the AFL-CIO and Teamsters union. The Kentucky legislation passed in the first week of the 2017 legislative session, making the Bluegrass State the 27th to adopt right-to-work legislation (Missouri was the 28th).

A Kentucky state court dismissed the unions’ challenge to the law, which prohibits unions and employers from requiring an employee to be a union member, or pay any dues or like amounts, as a condition of continued employment. The law does not apply to existing union contracts, only to new ones or those renewed after the law became effective in January 2017.

The unions argued the law’s prohibition of “union security” payments from nonunion employees is an unconstitutional taking from unions and violates the equal protection clause of the Kentucky Constitution. The court disagreed, holding that unions do not have a protected property interest in dues or fees generated by collective bargaining.

 

Jackson Lewis P.C. © 2020National Law Review, Volume VIII, Number 32

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About this Author

Chelsea Leyh, Attorney, Jackson Lewis Law Firm
Attorney

Chelsea B. Leyh is an Associate in the Baltimore, Maryland, office of Jackson Lewis P.C.

Ms. Leyh advises employers in labor and employment matters, with a focus on traditional labor issues, union elections, and unfair labor practice charges.

Ms. Leyh has defended companies against unfair labor practice charges and litigation brought by labor unions before the National Labor Relations Board (NLRB) and in labor arbitrations. Ms. Leyh has provided advice to employers faced with union...

410-415-2055
Howard Bloom, Jackson Lewis, labor union attorney, unfair practice investigations lawyer, employment legal counsel, bargaining law
Principal

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification campaigns. He also represents clients at the National Labor Relations Board in connection with bargaining unit issues, objections and challenges, as well as unfair labor practice investigations and trials. Mr. Bloom also has been the spokesperson at countless first and successor contract collective bargaining negotiations, and regularly advises on collective bargaining agreement administration issues, including grievance/arbitration issues.

Mr. Bloom has appeared before the Massachusetts Supreme Judicial Court, the U.S. Court of Appeals for the District of Columbia, several U.S. District Courts, the National Labor Relations Board, the Massachusetts Labor Relations Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination.

617-367-0025
Philip B. Rosen Jackson Lewis  Preventive Practices Lawyer & Collective Bargaining Attorney
Principal

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-...

212-545-4000