Indiana “Right-To-Work” (for less) Ruled Unconstitutional

by Bob Sloan

600_right_to_work_statesLast year Indiana became the 23rd state to pass “Right to Work” legislation – a top initiative adopted and circulated by the American Legislative Exchange Council (ALEC).  For several years ALEC (with a corporate membership of more than 300 national and multinational companies) has pushed legislation – that can best be described as anti-union – in most states.  In each state where ALEC’s legislative members are part of a GOP majority, these laws have been systematically proposed and passed, nearly word for word as they were written by ALEC’s corporate lobbyists.

Sweeping changes in party control of many statehouses after the 2008 and 2010 election cycles resulted in several new “red” states falling under the control of conservative led GOP lawmakers and Governors.  With GOP majorities in control of states such as Wisconsin, Arizona and Ohio (each with sitting Governors who are ALEC alum), ALEC’s “model legislation” began being shoved through statehouses with little or no notice to – or regard for – voter’s position on such proposed bills.

In this atmosphere, Indiana’s ALEC led legislature/assembly began adopting ALEC written legislation culminating in a contentious fight last year over a proposed Right to Work bill. Organized labor, activists and non-union workers turned out for weeks to protest passage of this anti-union legislation.  In the face of a majority of strong opposition lawmakers managed to pass the bill and Governor Mitch Daniels quickly signed it into law.

In what can only be termed a set-back to Indiana’s GOP controlled Legislature – and ALEC, a Superior Court judge in Lake County, Indiana has ruled the new Right to Work law unconstitutional, as reported by WISH TV, in Indianapolis today:

INDIANAPOLIS (AP) — A Lake County judge has determined Indiana’s right-to-work law violates a provision in the state constitution barring the delivery of services “without just compensation.”

“Lake Superior Court Judge John Sedia found that the law wrongly requires unions to represent workers who do not pay dues. Indiana became the 23rd state in the nation to ban the collection of mandatory fees for representation from unions.

“Since then, union lawyers have gone to the courts to try and overturn the law. Sedia issued an order last Thursday declaring the ban on collections and associated criminal penalties unconstitutional.

“A spokesman for Attorney General Greg Zoeller says the state will appeal the ruling directly to Indiana’s Supreme Court.

“Union spokesman Ed Maher calls the ruling a victory for the middle class and dues-paying members.”

Though there was no mention of the involvement of ALEC or their 40 or so Indiana legislative members in pushing this legislation through in the public announcement, those tracking RTW legislation nationally know where the legislation originated and who is behind it.

Having researched and tracked ALEC’s activities over the years, it is expected that once the appeal is filed to the IN. Supreme Court an amicus curiae brief will be filed by ALEC and several satellite organizations such as Heritage Foundation, National Federation of Independent Businesses (NFIB) and the Chamber of Commerce.  This is the standard Modus operandi for the conservative cabal and reported on by VLTP in an independent Report in 2011. Those opposed to these RTW laws should even now be preparing to throw their collective hats into the ring here in Indiana by following ALEC’s lead and preparing amici filings for the upcoming Indiana Supreme Court battle that is forthcoming.