 In a decision that could affect communities across Illinois, Hardin County,
Kentucky’s local Right-to-Work law was upheld by a Sixth Circuit federal appeals
court in a 3-0 decision issued Nov. 18. The Sixth Circuit court overturned an
earlier ruling by the U.S. District Court for Western Kentucky, which had struck
down Hardin County, Kentucky’s worker-freedom law. The Circuit Court’s decision
has strong implications for Lincolnshire, Ill., where a similar local law
protecting worker freedom is being challenged by labor unions.
If courts continue to rule that local governments can pass laws protecting
worker freedom, then the practice will likely spread to communities across
Illinois and the country. So far, 26 states have passed Right-to-Work laws, with
election results in Missouri, Kentucky and New Hampshire seemingly poising those
states to be the next states to act. Illinois neighbors Indiana, Michigan,
Wisconsin and Iowa already have worker freedom laws. If Missouri and Kentucky
follow suit, then Illinois will be surrounded by Right-to-Work states.
If the appellate court’s decision stands and Lincolnshire’s law is also upheld,
then local governments will be able protect worker choice in states like
Illinois where the state government has refused to do so. Furthermore, other
Illinois communities, many desperate for economic growth, could then follow suit
with Lincolnshire to put themselves back on the map for industrial investments.
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 The U.S. District Court for western Kentucky’s decision to strike
down Hardin County’s law was overturned on appeal to the Sixth
Circuit because the appeals court ruled that local governments do in
fact have the power to pass Right-to-Work laws. The appellate court
found that the National Labor Relations Act’s definition of “State”
includes political subdivisions of the state such as local
governments. Local governments therefore can pass Right-to-Work laws
just as can state governments themselves. Thus, the court found that
Hardin County’s worker freedom ordinance valid and upheld, setting
the stage for the lawsuit against Lincolnshire.
Industrial states like Illinois that refuse to protect worker
freedom are becoming increasingly isolated, and it is costing them
industrial investments and the rewarding job opportunities that come
with them. Illinois’ dramatic loss of job opportunities in
manufacturing is well documented, and the fact that the state will
not pass a Right-to-Work law makes it worse.
If Missouri’s newly elected governor and Kentucky’s newly elected
legislature decide to pass Right-to-Work laws, Illinois will be
surrounded by Right-to-Work states, putting pressure on the Land of
Lincoln from every side. But luckily for local communities across
Illinois, the Sixth Circuit’s decision makes it increasingly likely
that local governments can take responsibility for worker freedom
within their jurisdictions by enacting local Right-to-Work laws.
Lincolnshire has already done so, and if the village succeeds with
their case in the courts, then other Illinois communities should
follow the way.
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