Beech Tree News Network

Statement from Kentucky AFL-CIO President Bill Londrigan on U.S. District Court Ruling

Kentucky’s working families won last night, when a U.S. District Court in Kentucky ruled that these so called right to work ordinances cannot be adopted at the local level. These illegal ordinances would have affected all working people, union and non-union, by decreasing wages, lowering median household incomes, increasing poverty, and undermining workplace safety. In short, these ordinances are wrong. The courts rejected out-of-state special interests’ attempt to take over local governments by pushing a radical outside agenda.

We would like to thank all of the working families and elected officials that fought hard against these illegal ordinances. The Kentucky AFL-CIO and hardworking Kentuckians will continue to fight for fair wages, more good jobs, and more investment in education – and fight hard against unfair, illegal and unnecessary legislation. It is unfortunate that out-of-state special interests wasted tax payers’ money with these attacks on Kentucky workers by pushing a radical out-of-state agenda. Our mission is to improve the lives of all working Kentuckians and raise the standard of living for all Kentuckians.  We salute the working people of Hardin County for taking a stand against out-of-state corporate interests.

Buddy Cutler, attorney for the unions, added, “This was a solid and well-reasoned opinion that follows established law. It is a victory for working people that honors Congress’ intent and implements the wise federal labor policy that companies and unions should be free to negotiate contracts without undue interference from local officials.”

Butler County Fiscal Court passed the Right to Work Ordinance in February of 2015 by a 4-1 vote with the lone nay vote cated by Fourth District Magistrate David Whittinghill.

BACKGROUND: On February 3, Judge David Hale of the U.S. District Court in Louisville completely vindicated nine labor unions that challenged Hardin County’s so-called right to work ordinance. The Court ruled that all parts of the ordinance are “void and unenforceable” because counties cannot pass ordinances that conflict with federal law, stating that the county’s reading of federal law is “not a logical reading.”  The Court enjoined Hardin County officials from “taking any action to enforce” the ordinance’s unconstitutional restrictions on unions and companies.

He found three major provisions of the Hardin County ordinance are unconstitutional:  (1) the county cannot prevent companies and unions from requiring all workers who benefit from a union contract to pay a fair share of the expenses the union incurs on their behalf, (2) the county cannot outlaw legitimate union job referral systems which many contractors use to secure skilled workers, and (3) the county cannot prevent employees from authorizing their company to deduct dues as allowed by federal law.