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LOCAL WORKER FREEDOM LAW UPHELD IN KENTUCKY, MAKING WORKER FREEDOM MORE LIKELY FOR ILLINOIS

Illinois Policy Institute
 
Illinois may soon be surrounded by Right-to-Work states.

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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