Fisher & Phillips: Court Finds Indiana Right-to-work Law Unconstitutional | Practical Law

Fisher & Phillips: Court Finds Indiana Right-to-work Law Unconstitutional | Practical Law

This Law Firm Publication by Fisher & Phillips LLP discusses how the Lake County Superior Court's September 5, 2013 ruling in Sweeney v. Zoeller casts doubt on the viability of Indiana's right-to-work law. In Sweeney, the court found that the right-to-work law makes it a criminal offense for a union to ensure it receives just compensation for services it must provide under National Labor Relations Act (NLRA) to both members and non-members regardless of whether they pay dues. The court held that the right-to-work law violates the Indiana Constitution's requirement that "[n]o person's particular services shall be demanded, without just compensation." The right-to-work law will remain in effect until the Sweeney decision is affirmed on appeal.

Fisher & Phillips: Court Finds Indiana Right-to-work Law Unconstitutional

Practical Law Legal Update 7-541-4906 (Approx. 4 pages)

Fisher & Phillips: Court Finds Indiana Right-to-work Law Unconstitutional

by Fisher & Phillips LLP
Published on 12 Sep 2013Indiana, United States
This Law Firm Publication by Fisher & Phillips LLP discusses how the Lake County Superior Court's September 5, 2013 ruling in Sweeney v. Zoeller casts doubt on the viability of Indiana's right-to-work law. In Sweeney, the court found that the right-to-work law makes it a criminal offense for a union to ensure it receives just compensation for services it must provide under National Labor Relations Act (NLRA) to both members and non-members regardless of whether they pay dues. The court held that the right-to-work law violates the Indiana Constitution's requirement that "[n]o person's particular services shall be demanded, without just compensation." The right-to-work law will remain in effect until the Sweeney decision is affirmed on appeal.