Statewide vs. Local Right to Work Laws

Labor and Employment Law Practice Group Teleforum

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. Join our panel of labor law and federalism experts to talk 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
• 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

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. Join our panel of labor law and federalism experts to talk 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
• 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

Call begins at 3:00 p.m. Eastern Time.

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.