Federal Judge David J. Hale issued an order dated February 3, 2016 striking down Hardin County's right to work county ordinance. The District Judge said that only states may opt out of the 1935 National Labor Relations Act (NLRA). The Court said:

"The National Labor Relations Act is a broad federal law that regulates the relationships between employers and unions. The NLRA permits agreements between employers and unions that require employees to join or pay dues to the union, known as union-security agreements. But the NLRA also permits "State or Territorial" laws that prohibit such agreements, commonly referred to as right-to-work laws. The primary question presented by this lawsuit is whether a right-to-work law may be enacted solely by a state or territorial government, or whether a local government--in this case a county--may pass a law prohibiting union-security agreements. Because the Court finds that local regulation of union-security agreements is preempted by the NLRA, the right-to-work ordinance at issue here is invalid." (emphasis added)

Several labor unions joined to challenge the ordinance. Hardin County was one of twelve counties that passed such ordinances. Fulton County was one of the twelve. The far western county passed a right to work ordinance in late December 2014. See Right to Work Ordinance passes in Fulton County

Right to work is the name applied to rules that allow workers to be represented by a union in negotiations with an employer without paying dues to the union for representation. Unions argue that unless all workers pay dues, few will do so voluntarily. Supporters of right to work argue workers have a right not to pay dues. Republicans and business interests that support right to work see it as an economic development tool. They argue Kentucky misses out on manufacturing companies that don't want unions. Those companies, they argue, move to other southern states.

Judge Hale refused to be drawn into a discussion of the efficacy of right to work laws. The ruling was limited to whether counties could preempt the NLRA.

All sides appear ready for the case to go up on appeal. In the meantime, the battle to flip the Kentucky House to Republican control will continue. If the GOP takes over the House, then right to work will pass both houses. Governor Bevin has made right to work a priority of his administration.

Until a higher court rules otherwise, or the state enacts a right to work law, Kentucky will remain outside of the trend of its neighbors to the South.