6th Circuit Decision Opens Door to Local Right-To-Work Legislation

Employment Law

The full Sixth Circuit Court of Appeals has decided not to revisit a decision by a three-judge panel allowing municipalities to pass right-to-work laws in non-right to work states, setting up a potential U.S. Supreme Court decision in the matter.  The case arose after a dozen counties in Kentucky passed municipal right-to-work laws under a state provision that permits local economic development laws so long as they do not interfere with existing state law.  In seeking a review of the decision by the full circuit court, the unions bringing the challenge argued that, because Kentucky recently passed statewide right-to-work legislation, the Sixth Circuit should void its former ruling because the case is now moot.  The court disagreed, however, stating that the effects of the state law on the municipalities have yet to come to fruition and that its ruling affects other states as well.   Because the Sixth Circuit is the highest court in the country to rule on this issue, this decision sets a national precedent that other circuits may choose to rely on.  The unions have indicated that they will seek a stay of this Sixth Circuit ruling in order to appeal the case to the Supreme Court.