Wednesday, September 11, 2013
Thanks to Laura Cooper (Minnesota) for sending along a note about Sweeney v. Zoeller, Ind. Super. Ct., No. 45D01-1305-PL-52, order 9/5/13), in which an Indiana trial court held that the Indiana right-to-work law is unconstitutional under the state constitution because it compels unions to provide services to workers who do not pay for those services. Here's an excerpt from the decision:
The services provided by a union in representing employees include negotiating and enforcing collective bargaining agreements, [which are paid for] by the payment of dues, and are not something required generally of all citizens.... In fact, federal law ensures that nonmembers who obtain the benefits of union representation can be made to pay for them. [The right-to-work law makes it] a criminal offense for a union to receive just compensation for particular services federal law demands it provide to employees.