Zuckerman v. BevinAnnotate this Case
The Supreme Court affirmed the order of the circuit court dismissing constitutional challenges to the validity of the Kentucky Right to Work Act, 2017 Ky. Acts ch. 1, 15, holding that the trial court did not err.
In 2017, the Kentucky legislature passed, and the Governor signed, the Act. The Act amended Ky. Rev. Stat. 336.130(3) to provide that no employee is required to become, or remain, a member of a labor organization, or to pay dues, fees, or assessments to a labor organization. Plaintiff-unions filed an action challenging the Act on several Kentucky constitutional grounds. Specifically, Plaintiffs claimed that the Act violated the Kentucky Constitution’s provisions requiring equal protection of the laws, prohibiting special legislation, and prohibiting takings without compensation and that the Act was improperly designated as emergency legislation. The trial court granted the Commonwealth’s motion to dismiss. The Supreme Court affirmed, holding that the Unions’ constitutional challenges to the Act were without merit.