Although they lost in the Indiana General Assembly, Indy Politics has learned that opponents of “Right to Work” (RTW) plan to open a new front in the battle: the Court Room.
According to sources, the unions plan to go to court and sue to stop the law from going into effect. Under RTW, an employee cannot be compelled to pay union fees as a condition of his employment.
According to sources familiar with the impending suit, opponents will argue that RTW violates the Indiana State Constitution, specifically Article 4, Section 22, which reads, in part…
The General Assembly shall not pass local or special laws: … Relating to fees or salaries, except that the laws may be so made as to grade the compensation of officers in proportion to the population and the necessary services required;
The logic being applied here is that by passing RTW, which says an employer cannot compel an employee to pay union fees as a condition of employment, the legislature is violating that section of the Constitution because it is a special law relating to fees.
There is no word on how soon the litigation will filed, however RTW was passed as emergency legislation, so it will go into effect March 14. It would not impact any current union contracts, however it would impact any union contracts created or renewed after March 14.
This story will be updated.