Pari-Mutuel Clerks' Union of Kentucky, Local 541, SEIU, AFL-CIO Ex Rel. Mann v. Kentucky Jockey Club

CLAYTON, Justice.

In this case we are required to determine whether an employer over which the National Labor Relations Board has declined jurisdiction may lawfully discharge an employe because he has authorized a labor union to represent him for the purpose of collective bargaining, and, if not, what relief a circuit court is authorized to order in his behalf.

Appellant Larry Wilson was employed as an assistant starter at the Latonia Raceway in Florence, Kentucky. Because the NLRB, which normally has jurisdiction over labor disputes, has for some time declined to assert jurisdiction in any…