Indiana 'Right to Work' Law Ruled Unconstitutional
UPDATE: On November 6, 2014, the Indiana Supreme Court upheld the constitutionality of the state's Right to Work law. The Court is expected to hear oral arguments in another challenge to the law sometime in 2015 with a decision to follow.
Author: Melissa Gonzalez Boyce, XpertHR Legal Editor
September 11, 2013
An Indiana state court has ruled that Indiana's new Right to Work law is unconstitutional on the grounds that it violates a provision in the state constitution barring the delivery of services "without compensation". Specifically, the state court found that the law unlawfully requires unions to represent workers who do not pay dues and other fees to the union. Indiana passed its Right to Work law in 2012 making it unlawful to require an employee to pay union dues as a condition of employment.
Notably, the state court judge is allowing the law to remain in effect until the ruling can be appealed which the state has already vowed to do. "The state will take an immediate appeal to the Indiana Supreme Court of this declaratory judgment which we contend is incorrect" stated Bryan Corbin, spokesman for State Attorney General Greg Zoeller.
The suit was filed by International Union of Operating Engineers Local 150, a union in northwest Indiana, seeking to overturn the law. In a statement, Local 150 president, James M. Sweeney said: "These laws are nothing but thinly veiled tools to weaken unions, and this is a big win for workers who rely on unions to provide decent wages and benefits."
There are currently 24 Right to Work states in total while other states have similar legislation pending.