Employment Law Report

Indiana’s New Right-To-Work Law Challenged In Court

By John W. Woodard, Jr.

Indiana’s new business-friendly right-to-work law is being challenged in federal Court.  Local 150 of the International Union of Operating Engineers has filed suit seeking to enjoin enforcement of the law claiming that it is both unconstitutional and pre-empted by federal labor law.  A Motion for Temporary Restraining Order is currently set for hearing on March 5, 2012, in the U.S. District Court at Hammond, Indiana.  The Union’s affidavit in support of its motion asserts, among other things, that “the ability to cease paying dues completely may prove too attractive for some of our members to resist.” 

Right-to-work laws prohibit provisions in union contracts which force non-member employees in unionized workplaces to pay “fair share” fees for a union’s collective bargaining efforts and representation. Indiana is the 23rd state to adopt business-friendly right-to-work legislation, and it is the first state to have done so since Oklahoma in 2001.

John W. Woodard, Jr.
John Woodard has more than 25 years of litigation experience handling a wide variety of matters including construction; employment; labor; insurance; environmental; civil rights; administrative law; product liability; toxic torts; public procurement; and all types of business litigation in state and federal courts throughout Indiana and Kentucky. Read More