Jackson Lewis: Indiana Supreme Court Upholds Constitutionality of Right-to-work Law | Practical Law

Jackson Lewis: Indiana Supreme Court Upholds Constitutionality of Right-to-work Law | Practical Law

In this Law Firm Publication, Jackson Lewis P.C. discusses the Indiana Supreme Court's upholding of the state's right-to-work law. The Indiana Right-to-Work Law prohibits employers from requiring their employees to be members of a union or pay union dues as a term or condition of employment. In Zoeller v. Sweeney, the Indiana Supreme Court reversed a lower court decision finding the law unconstitutional. Federal labor law requires a union that is the exclusive representative of a bargaining unit to represent all bargaining unit employees. The union argued that the interplay between this law and the Indiana Right-to-Work Law unconstitutionally denies the union compensation when it represents non-dues-paying employees. The court held that nothing requires the union to be the exclusive bargaining representative of a bargaining unit and that it must accept the responsibilities of that designation. Zoeller featured only a facial challenge to the right-to-work law, not as applied to the case's facts. The Indiana Supreme Court will soon hear an appeal of another case challenging the Indiana Right-to-Work Law, in which the same lower court found the law unconstitutional.

Jackson Lewis: Indiana Supreme Court Upholds Constitutionality of Right-to-work Law

Practical Law Legal Update 8-587-6845 (Approx. 3 pages)

Jackson Lewis: Indiana Supreme Court Upholds Constitutionality of Right-to-work Law

by Jackson Lewis P.C.
Published on 07 Nov 2014Indiana, United States
In this Law Firm Publication, Jackson Lewis P.C. discusses the Indiana Supreme Court's upholding of the state's right-to-work law. The Indiana Right-to-Work Law prohibits employers from requiring their employees to be members of a union or pay union dues as a term or condition of employment. In Zoeller v. Sweeney, the Indiana Supreme Court reversed a lower court decision finding the law unconstitutional. Federal labor law requires a union that is the exclusive representative of a bargaining unit to represent all bargaining unit employees. The union argued that the interplay between this law and the Indiana Right-to-Work Law unconstitutionally denies the union compensation when it represents non-dues-paying employees. The court held that nothing requires the union to be the exclusive bargaining representative of a bargaining unit and that it must accept the responsibilities of that designation. Zoeller featured only a facial challenge to the right-to-work law, not as applied to the case's facts. The Indiana Supreme Court will soon hear an appeal of another case challenging the Indiana Right-to-Work Law, in which the same lower court found the law unconstitutional.