Case Background: In December 2015, the village of Lincolnshire, Illinois, became the first municipality in the state – and one of the first local governments in the U.S. – to enact a local “Right-to-Work” ordinance. The law guaranteed that no private-sector worker in Lincolnshire would be forced to pay dues or fees to a union as a condition of employment.
Commonly, states have enacted Right-to-Work laws on a statewide basis. As of 2016, 28 states, including all of Illinois’ neighbors, have Right-to-Work laws that apply statewide.
But there is no reason why local governments cannot enact Right-to-Work laws for their local jurisdictions, if state law allows. And in Illinois, state law does not stand in the way of “home rule” municipal governments that believe a local Right-to-Work law would help make their communities more attractive places to do business.
But after Lincolnshire passed its ordinance, a group of unions sued the village in federal court, arguing that the National Labor Relations Act only allows Right-to-Work laws to be enacted on a statewide basis, not locally.
The Liberty Justice Center is defending Lincolnshire’s ordinance against the unions’ lawsuit. In fact, nothing in federal law prohibits local governments from enacting Right-to-Work laws. And unless federal law clearly says otherwise – which, here, it does not – states should be allowed to decide for themselves whether to exercise their powers centrally or through subdivisions such as local governments.
If Lincolnshire’s law was upheld, it would have been likely that more Illinois municipalities would have enacted their own Right-to-Work ordinances, creating pockets of worker freedom in a state that has often given union political privileges priority over individual rights.
On September 28, 2018, the United States Court of Appeals for the Seventh Circuit upheld the District Court’s ruling that the National Labor Relations Act federally preempts local governments from enacting Right-To-Work laws on their own authority.
Jeffrey M. Schwab serves as Senior Counsel and Interim Director of Litigation at the Liberty Justice Center, where he litigates cases to protect the rights to free speech, economic liberty, private property and other Constitutional rights in both federal and state courts across the country.
James McQuaid is a staff attorney at Liberty Justice Center where he assists in cases to protect the rights to free speech, economic liberty, private property, and other Constitutional rights in courts across the country.
No results found right now, please visit our newsroom.
No results found right now, please visit our newsroom.