Appointed by King Barry in 2010, and confirmed by the groveling Senate.
Posted on 02/04/2016 9:18:35 AM PST by aimhigh
In a ruling Wednesday, U.S. District Judge David Hale said only state governments have the authority to opt out of a federal law that allows closed shop or agency shop agreements, which require employees to join a labor union or pay union dues regardless if they are a union member.
(Excerpt) Read more at wlky.com ...
They'll be under his Fascist jackboot for quite a while in ol' Kaintuck.
So make it a statewide law. Bevin will sign it.
So local minimum wage laws that are higher than the Federal law is illegal then.
Appointed by King Barry in 2010, and confirmed by the groveling Senate.
Unions still have a firm grasp in Kentucky, particularly in Louisville. Likely they don’t have the votes to pass it statewide. So individual counties gave it a try.
No, even though the outcome is pro-union in this case, I think the decision is correct. This needs to be legislated on a statewide basis. Having it vary by what town you’re in would be a nightmare.
Can the judge point to a law which grants this power to the KY state government and excludes local government?
looks kinda light in the loafers.
West Virginia is on the verge of passing RTW. So maybe Ky will step forward.
a federal law that allows closed shop or agency shop agreements, which require employees to join a labor union or pay union dues regardless if they are a union member.
___
There’s the problem. The federal government has no constitutional basis whatsoever to enact such repressive laws.
nightmare why? is that the fault of the people in the local community?
is not that argument applicable at the state level also, to preclude variation from state to state?
Obama nominee.
Idiot.
Actually ... every position, from the embedded dog-cather up to the President is important
We need to retain the idea and concept of America Great Again, and not only, clean up the white house, determine best suited for supreme Court, Senators, Representatives ....
Our school boards need to be packed with right wing patriots !
The left must be stopped ... arrested ... detained .... and where deserving, ... tried and convicted
Why do you think the Dems are driving so hard to use the Flint Water Crisis to take out Rick Snyder?
They want a head on a stake to scare-off all others who might be thinking about going RTW.
Biographical Directory of Federal Judges
Hale, David Jason
http://www.fjc.gov/servlet/nGetInfo?jid=3571&cid=999&ctype=na&instate=na
Born 1967 in Fort Campbell, KY
Federal Judicial Service:
Judge, U.S. District Court, Western District of Kentucky
Nominated by Barack Obama on June 19, 2014, to a seat vacated by Charles Ralph Simpson III. Confirmed by the Senate on December 3, 2014, and received commission on December 10, 2014.
Education:
Vanderbilt University, B.A., 1989
University of Kentucky College of Law, J.D., 1992
Professional Career:
Private practice, Louisville, Kentucky, 1992-1994, 1999-2010
Assistant U.S. attorney, Western District of Kentucky, 1995-1999
U.S. attorney for the Western District of Kentucky, 2010-2014
The Taft-Hartley Act grants the authority to the states. It does not specifically say localities within a state cannot exercise it. If the Kentucky legislature had passed a bill explicitly delegating the power then the ruling might have gone the other way.
IMO, this should have been a question for the Kentucky Supreme Court and it should have ended there. It's a Federal law, but local and county governments are artifacts of the state government and derive all of their authority from the state government. And there is no question the state legislature had the power to pass and RTW law.
Well, two reasons. First, a state is a reasonable size geographical area for a consistent law on this issue. Second, this is the kind of issue that states are supposed to legislate. You wouldn't want varying definitions of manslaughter and penalties for it from county to county, would you?
A good point to illustrate both points is that contractor's licenses are granted by the state according to rules that are consistent statewide. So the contractor knows that he's legal to work anywhere in the state, but doesn't have to worry about differing licensing and codes from town to town. If he wants to do work in another state, he'll need a license in that state as well, but that's not unreasonable.
Blowback from Obama's war on the unionized coal industry. Impoverish your supporters and they won't support you anymore.
Agreed. The feds shouldn’t even have a law on this from which states are “allowed” to “opt out”. This should be purely a state issue, period.
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