Indiana right-to-work law is unconstitutional, court says
Passed amid a cloud of controversy in February, the right-to-work law in Indiana has been ruled unconstitutional, according to a state court judge.
September 13, 2013 at 05:17 AM
2 minute read
The original version of this story was published on Law.com
Passed amid a cloud of controversy in February, the right-to-work law in Indiana has been ruled unconstitutional, according to a state court judge. “The reasoning is strained and rests on the rather peculiar notion that 'just compensation' for a union means forcing all employees to pay dues, whether they support the union's aims or not,” Fisher & Phillips said in a release yesterday about the ruling.
On Feb. 1, Indiana became the 23rd state to enact a right-to-work law, which prohibits employers and labor organizations from requiring employees, as a condition of initial or continued employment, to become or remain a member of a labor organization; pay dues, fees, assessments or other charges to a labor organization; or pay a charity or third party a dues equivalent.
Later that month, the International Union of Operating Engineers filed suit against the state, saying the law violated its constitution. Citing Indiana's Constitution, which says '[n]o person's particular services shall be demanded, without just compensation', Judge John M. Sedia ruled the law unconstitutional.
“The court noted that to be considered 'particular,' services must be 1) historically compensated, and 2) something required of a party as an individual, as opposed to something required generally of all citizens,” Fisher & Phillips said in its release. “The court found services provided by a union, including negotiations and enforcing collective bargaining agreements, fit within that definition. “
While unions may be celebrating the victory now, it's possible it will be short lived. A spokesperson for the Indiana Attorney General's Office said the state plans to appeal the ruling. And until a higher court decides the right-to-work law's fate, it will remain in effect.
Read more InsideCounsel stories about right-to-work laws:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGC With Deep GM Experience Takes Legal Reins of Power Management Giant
2 minute readLegal Departments Gripe About Outside Counsel but Rarely Talk to Them
4 minute read'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readUS Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250