INDIANAPOLIS - The Indiana Supreme Court upheld the state’s right-to-work law in a ruling issued Thursday.
The state appealed to the Supreme Court to overturn a decision of a Lake Superior Court judge, who ruled the law went against a section of the state’s constitution. The law bars unions from charging non-members dues and fees associated with the cost of representation.
The state’s highest court reversed the lower court’s decision, ruling the law constitutional.
“Any compulsion to provide services does not constitute a demand made by the State of Indiana,” the ruling states.
Four justices, including Chief Justice Loretta Rush, concurred with the ruling. Justice Robert Rucker also concurred but issued his own opinion.
The case stems from a lawsuit filed by International Union of Operating Engineers Local 150, which has a location in Northwestern Indiana. The union argued the state’s right-to-work law violates Article 1, Section 21 of the Indiana Constitution that states “no person’s particular services shall be demanded, without just compensation.”
Already under federal labor law, unions are required to represent all employees equally, regardless if they pay dues.
In September, a divided panel of federal judges upheld the state’s right-to-work law under the U.S. Constitution. That case stems from a lawsuit filed by Local 150 in federal court. The case was dismissed by a U.S. District Court judge in Lake County, and the union appealed the decision. In the divided opinion, the 7th Circuit Court of Appeals rejected Local 150’s argument and said controversy surrounding the state’s right-to-work law should be decided by state lawmakers.