Monday, September 22, 2014

Indiana's Right to Work Law is Unconstitutional

Gregory Zoeller, et al. v. James Sweeney, et al., No. 45S00-1309-PL-596

Union Argues that Indiana's Right to Work Law is Unconstitutional

In an interesting case related to traditional labor law and filed in the Lake Superior Court, and appealed to the Indiana Supreme Court, the Union argues that Indiana’s right to work law works an unconstitutional taking upon labor organizations because the union is forced to represent non-members and are not compensated for it. The State Court case was filed against the Attorney General and the Labor Department Commissioner (hereinafter referred to as the “State”) seeking a declaratory judgment that Indiana's "right-to-work law” violated several provisions of the state constitution.  The State moved to dismiss the complaint for failure to state a cause of action.  The trial court ruled that two provisions, Indiana Code sections 22-6-6-8 and -10, violate Article 1, Section 21 of the Indiana Constitution because they demand particular services from unions without just compensation, and entered a declaratory judgment.  The trial court granted the State's motion as to the remaining counts and dismissed them. The Supreme Court has jurisdiction over this direct appeal (civil) because the trial court declared a state statute unconstitutional. The Supreme Court has heard oral arguments and the decision should be issued in the next few months.

No comments:

Post a Comment