Unions Sue To Block Kentucky’s New ‘Right-To-Work’ Law

May 25, 2017

Credit Creative Commons

Two union groups have filed a lawsuit to block Kentucky’s new “right-to-work” law.

That law prohibits unions from being able to collect what are known as “fair share fees”.

Those fees are imposed on non-union employees in exchange for the benefits of being in a unionized workplace.

In January, Kentucky became the 27th state to pass such a measure, which supporters say makes the state more competitive when trying to get companies to move to or expand in Kentucky.

Kentucky AFL-CIO president Bill Londrigan said the new law is part of a political strategy to stifle union voices.

“Unions are being discriminated against as the only dues-member-supported organization that is required to provide benefits to those that do not pay a fee or pay union dues,” Londrigan said. “It’s basically an effort to undermine our financial resources, which prevent us from effectively representing the workers which we are federally mandated to represent whether they are paying dues or not.”

The new law was a top priority for conservatives in the state legislature, which was controlled by Republicans for the first time in state history this year.

Last November, Republicans won 17 seats in Kentucky’s 100-member House of Representatives. Democrats had controlled the chamber since 1921 and now face GOP supermajorities in both chambers and a Republican governor.

The complaint names Gov. Matt Bevin and Labor Secretary Derrick Ramsey as defendants and argues that the new law forces unions to provide benefits to workers who don’t pay dues.

“The Governor and his out of state financial backers were sorely mistaken when they thought they could roll over Kentucky’s working women and men merely by buying a majority of our legislature,” said Fred Zuckerman, president of Teamsters Local 89. “The Kentucky Constitution is uniquely equipped to prevent unequal corporate special legislation and I am confident that HB 1 will be struck down.”

The governor’s office didn’t immediately respond to a request for comment on Thursday.

Bevin and other top Republicans have credited the new law for recent economic announcements in the state, including a $1.3 billion investment by Braidy Industries to create an aluminum factory in Greenup County.

Senate President Robert Stivers, a Republican from Manchester, issued a statement in defense of the new law.

“I am aware of the lawsuit, but I believe that House Bill 1 – passed in 2017 by the Kentucky General Assembly and signed by Governor Matt Bevin – is constitutional,” Stivers said. “I am confident that Kentucky will continue to be a right-to-work state for the foreseeable future.”

The 7th Circuit U.S. Court of Appeals upheld Indiana’s “right-to-work” law in 2014 after it was challenged that year.

Last year, a trial court in West Virginia blocked a “right-to-work” law and the case will be heard in the state’s supreme court this fall.