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Indiana’s Right-to-Work Law Dealt Minor Setback

Indiana’s right-to-work law – prohibiting employers from terminating the employment of bargaining unit members who refuse to pay union dues – was dealt a minor setback yesterday. Lake County Judge John Sedia ruled the law violates the state constitution. Specifically, Judge Sedia ruled that the law requires unions to represent non-dues-paying employees and, thus, violates the state constitution bar against the delivery of services “without just compensation.”

Judge Sedia’s ruling allows the law to stay in effect during an appeal to the state Supreme Court. With the specific state constitutional provision never having been applied to non-individuals, and unions not considered for personhood, it is likely that the Lake County decision will be overruled. Employers with qualifying collective bargaining agreements do not need to make any changes for now, but must keep one eye on the Indiana Supreme Court for a final determination. See this recent story in the Indianapolis Business Journal for more information.

To learn more about Andrew Gruber and his practice, visit his profile.

  • Partner

    Andy is the Chair of the Labor & Employment Practice Group. Working exclusively in the areas of labor and employment law, Andy provides advice, counsel and litigation defense to employers in all areas of employment law, including ...

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