Judge Says Indiana's Right To Work Law Is Unconstitutional

House Democratic Leader Scott Pelath says he’s more hopeful Indiana’s Right to Work law won’t survive its legal challenges after a second judge ruled the law unconstitutional

The law, passed in 2012, bars union contracts that require non-union employees to pay fees for representation.  Lake County Judge George Paras struck it down in his ruling last week, siding with the United Steelworkers union in its lawsuit against the state. 

That decision comes about 10 months after Lake County Judge John Sedia ruled for the Operating Engineers union in its suit challenging Right to Work.  After Sedia’s ruling last year, House Minority Leader Scott Pelath was pessimistic about the union’s chances of success at the Indiana Supreme Court.  But after the second ruling finding the law unconstitutional, Pelath says he’s gone from pessimism to, as he puts it, “having a raised eyebrow.” 

And he says, if ultimately the Supreme Court strikes down Right to Work, he wouldn’t be surprised to see Republicans in the General Assembly try again.

“Whether they try to maybe have something that looks like Right to Work in a different name or they might do something completely different to attack workers organizations,” Pelath said.

A spokesperson for the  Attorney General’s office says, because the cases are pending they can’t comment further than a recent statement saying the Attorney General is obligated to defend state statutes from legal challenge.