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Indiana Court Declares Right to Work Unconstitutional

In a decision issued today in the Local 150's lawsuit against Indiana's right to work law, Judge John M. Sedia of Indiana’s Lake Superior Court entered declaratory judgments ruling the law unconstitutional.

Local 150’s lawsuit claimed that the law was a violation Article 1, Section 21 of Indiana’s Constitution, which states that, “No person's particular services shall be demanded, without just compensation.” Local 150 argued that Indiana’s right to work law is unconstitutional because it makes it illegal for unions to collect fees for services that they are federally required to provide.

In his decision, Judge Sedia states that under Indiana’s right to work law, “it becomes a criminal offense for a union to receive just compensation for particular servic​es federal law demands it provide to employees.” Judge Sedia concluded that, “the Court therefore has no choice but to find that [the laws] violate Article 1, Section 21 of the Indiana Constitution.”

“This is a huge victory for the middle class,” said Local 150 president-business manager James M. Sweeney. “These laws are nothing but thinly-veiled tools to weaken unions, and this is a big win for workers who rely on unions to provide decent wages and benefits. We pledged on the day that this law was passed that they hadn’t seen the last of us, and we are delighted with this ruling.”

Indiana Supreme Court rule 4(a)(1)(b) gives exclusive jurisdiction to the Supreme Court for appeals for final judgments declaring a state statute in whole or in part unconstitutional. The judgment is subject to mandatory review within 30 days.

Read the decision here


 
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