Foundation staff attorneys prepare to defend and enforce the 27th Right to Work law from union boss attacks

Springfield, VA –The National Right to Work Foundation announced the creation of a special task force designed to defend and enforce Kentucky’s newly-enacted Right to Work law immediately after Kentucky Governor Matt Bevin signed the bill into law on January 7 to make Kentucky the 27th Right to Work state.

The Foundation is offering free legal aid to Bluegrass State workers seeking to exercise their new rights to refrain from union membership and union dues payments. Foundation staff attorneys are also preparing for lawsuits filed by union officials seeking to overturn or delay the new Right to Work protections for employees.

The law took effect immediately and applies to collective bargaining contracts entered into, extended, or renewed on or after January 7, 2017. Any worker in a contract in effect before January 7, 2017, may still compelled to either pay union dues or fees but employees seeking to exercise their rights should contact the Foundation to explore their legal options.

Unfortunately, union officials often try to stymie independent-minded workers seeking to exercise their rights under Right to Work laws.

“As we’ve seen in recent new Right to Work, union bosses try to make it as hard as possible for workers to exercise their right to refrain from paying any union dues or fees, or resign union membership. Right to Work laws are only words on paper unless they are vigorously enforced, which is why the Foundation has launched this special task force,” said Patrick Semmens, Vice President of the National Right to Work Foundation.

“Even if Big Labor lawsuits will ultimately fail to overturn the law, union officials hope a ruling by a friendly judge or just the lawsuit itself will create confusion that results in workers not exercising their new legal protections to cut off all payments to the union. That’s the playbook we’ve seen in Indiana, Michigan, Wisconsin and West Virginia, and what we are prepared for in Kentucky.”

Enforcing New Right to Work Laws Key Part of Foundation’s Mission

The Foundation has a long history of assisting employees seeking to exercise their Right to Work protections. Defending and enforcing Right to Work protections has long been one of the most critical tasks undertaken by Foundation staff attorneys.

After the passage of a Right to Work law in Indiana in 2012, union bosses sought to wipe out the law with 2 lawsuits in State Court and one in Federal Court. Foundation staff attorneys submitted amicus curiae briefs in both State Court cases and conferred with lawyers about with legal arguments to make for the state of Indiana for the Federal challenge to Right to Work. All three lawsuits were dismissed and Right to Work was upheld.

In Michigan, which passed a state Right to Work law in 2013, foundation attorneys filed amicus curiae briefs in both a Federal lawsuit and a State lawsuit challenging the public sector portion of the Right to Work law. Both lawsuits were eventually dismissed. Additionally, foundation attorneys have filed over 88 actions for Michigan citizens seeking relating to workers seeking to exercise their Right to Work.

In Wisconsin which passed a state Right to Work law in 2015, foundation staff attorney’s submitted amicus briefs in both Federal and State court in response to union boss lawsuits that allege that Right to Work laws constitute an “illegal taking” of union resources. A Federal Judge struck down the Federal lawsuit and the State lawsuit is pending.

The Foundation also has a legal task force in West Virginia helping to assist in defending the Mountain State’s Right to Work law which went into effect last summer and is subject to a dubious union lawsuit at present.

“Big Labor union bosses are never willing to give up their forced-dues powers without a fight. We expect union bosses to try to tie up the law in the courts, but luckily our staff attorneys have a lot of experience defending Right to Work laws, which have always been upheld,” added Semmens.

Any Kentucky worker who has questions about his or her rights, or encounters any resistance or abuse while trying to exercise his or her workplace rights, is encouraged to contact Foundation staff attorneys for free legal aid.

Posted by on Apr 22, 2017 in Newsletter Articles