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Federal judge strikes down Lincolnshire’s “right to work” ordinance

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* From the International Union of Operating Engineers Local 150…

In a decision issued on January 7th, United States District Judge Matthew Kennelly found that the local “right to work” law passed by the Village of Lincolnshire, Illinois in 2015 is pre-empted by federal law, and that only states and territories have the authority to [enact] such laws. Local 150 and three other plaintiffs were granted summary judgment, with the court ruling on the merits without need for a full trial.

The National Labor Relations Act (NLRA) permits States and Territories the authority to regulate union security agreements via “right to work” laws. Arguing that local units of government have no authority to pass such laws, four unions filed a federal lawsuit against Lincolnshire in early 2016. The plaintiffs were the International Union of Operating Engineers (IUOE) Locals 150 and 399, the Chicago Regional Council of Carpenters and the Laborers District Council of Chicago and Vicinity.

Judge Kennelly concluded that the NLRA “does not permit local subdivisions to regulate union security agreements.” Additionally, Kennelly found that Lincolnshire has no authority under federal law to regulate union hiring halls or “dues checkoff” agreements between unions and workers they represent.

“We have long argued that local governments simply are not empowered to pass these laws, and we are pleased with Judge Kennelly’s decision,” said IUOE Local 150 President-Business Manager James M. Sweeney. “This was a political attack against middle class workers, and we will always take up the fight on behalf of workers who depend on decent wages and benefits to support themselves and their families.”

The full opinion is here.

I’ll open comments on Monday.

posted by Rich Miller
Sunday, Jan 8, 17 @ 11:13 am

Comments

This is a very hot topic in the courts - interestingly Kentucky’s Sixth Circuit Court of Appeals on Nov 18, 2016 affirmed a County level right to work law. This topic will be one for SCOTUS

http://www.forbes.com/sites/mattpatterson/2016/11/20/labors-bluegrass-blues-court-upholds-kentucky-right-to-work-ordinance/#5146298428cb

Comment by Lech W Monday, Jan 9, 17 @ 8:34 am
Lincolnshire was important to Rauner, but may have been too much of a rallying cry against Munger when it mattered.

Comment by Oswego Willy Monday, Jan 9, 17 @ 8:40 am
Lech is correct. There’s a split among the circuits and this case (or one like it) will have to be decided by the U.S. Supreme Court if the 7th Circuit Court of Appeals affirms the Northern District court opinion.

Comment by phocion Monday, Jan 9, 17 @ 9:18 am
This is going to end up in the Supreme Court regardless how the appeals court rules.

Comment by Huh? Monday, Jan 9, 17 @ 10:08 am
Kentucky just went RTW for the whole state. If MO goes RTW, then Illinois will be surrounded by RTW states.

Comment by Kentucky Monday, Jan 9, 17 @ 10:24 am
This decision specifically addresses the 6th Court decision, and why this judge disagrees. As Lech said, it will eventually end up at SCOTUS.

Comment by RNUG Monday, Jan 9, 17 @ 11:33 am
“Kentucky just went RTW for the whole state. If MO goes RTW, then Illinois will be surrounded by RTW states.”

Which is more reason for Illinois Democrats to not give in completely to Rauner’s collective bargaining and prevailing wage demands.

Illinois union members did a great job in opposing local RTW as part of the TA referendum tour. Now if they can not vote for Rauner again in such high numbers…

Comment by Grandson of Man Monday, Jan 9, 17 @ 12:46 pm
After reviewing the IUOE Local 150’s officers, it would be nice if they were as enthusiastic about diversity within their leadership as they are about RTW laws.

http://www.local150.org/about-us/local-150-officers/

Comment by City Zen Monday, Jan 9, 17 @ 3:41 pm
- City Zen -

Justice is blind.

They won on the merits, I see you ignored that…

Comment by Oswego Willy Monday, Jan 9, 17 @ 3:42 pm
OW - Yes, it seems justice is as blind as IUOE’s HR department.

Comment by City Zen Monday, Jan 9, 17 @ 4:19 pm
===Yes, it seems justice is as blind as IUOE’s HR department===

Take it up with 150.

Meanwhile, they won

Comment by Oswego Willy Monday, Jan 9, 17 @ 4:32 pm
Just another way The Man empowers the union Bolsheviks to keep the real Americans of Lincolnshire down.

I don’t know how they’re going to keep a lid on that boilin’ capital/labor conflict on the mean streets of Half Day Road and Milwaukee Avenue from exploding. They’ll probably have to set up refugee camps at Crane’s Landing Golf Club.

Comment by wordslinger Monday, Jan 9, 17 @ 8:11 pm
What no executive comment on the corrupt judicial system?

Comment by Rabid Tuesday, Jan 10, 17 @ 6:06 am