Brandeis alums on the front lines of landmark right-to-work case

Professor Levinson to discuss case on UofL Today with Mark Hebert on Feb. 25.
Brandeis alums on the front lines of landmark right-to-work case

Last week, U.S. District Judge David Hale struck down a right-to-work ordinance originally established in Hardin County. Attorneys representing the county are appealing the decision with an intention of taking the case to the Supreme Court if necessary.

According to the Bowling Green Daily News, the 14-page order from Judge Hale declared that the law does not allow county governments to establish ordinances that prohibit union-security agreements between employers and unions that require employees to join or pay dues to a union. Only states have the authority to enact right-to-work laws, the ruling said.

The appeals hearing will be held in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.

Union attorney David Leightty is a 1977 Brandeis School of Law graduate. He said the county and unions agreed to suspend the ordinance for the course of the litigation when the case was filed. Brandeis graduate Ben Basil (2011) has also been working on the case as an associate for the unions. Buddy Cutler is the primary attorney.

Representing the county is Jason Michael Nemes, a 2004 Brandeis graduate, who filed the motion, along with John Lovett of Frost Brown Todd and Jennifer B. Oldham.

Brandeis School of Law Professor Ariana Levinson told the publication that, if the case reaches the Supreme Court, the court is unlikely to examine it.

"They probably won't, because it's the first case of its kind," she said, adding that justices usually wait until several similar cases are brought before them before hearing one, to make sure the issue is important.

On Feb. 25, Professor Levinson will appear on UofL Today with Mark Hebert to further discuss this case.