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November 19, 2019

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Indiana Supreme Court Dismisses Second Case Challenging Constitutionality of Right to Work Law

Indiana’s Right to Work law again has withstood a constitutional challenge in the state’s highest court. The Indiana Supreme Court dismissed a second challenge to the state’s Right to Work law based on its November decision in Zoeller v. Sweeney, 19 N.E.3d 749 (Ind. 2014), holding that the law, on its face, does not violate Indiana’s Constitution. (The justices had declined to consolidate the two cases.) Zoeller v. United Steel, Paper, and Forestry, Rubber Manufacturing, Allied Industrial and Service Workers Int’l Union, et al., No. 45S00-1407-PL-492 (Ind. Dec. 16, 2014). 

The Court remanded the case to the Lake County Circuit Court, which had found the 2012 law unconstitutionally required that unions provide services to nonunion members without compensation, to dismiss the case with prejudice. (For more onSweeney, see our article, Indiana Supreme Court Upholds Constitutionality of Right to Work Law.) 

While Indiana’s Right to Work law is not facing any additional constitutional challenges at this time, the Indiana Supreme Court might have to entertain an as-applied constitutional challenge to the law down the road. 

Jackson Lewis P.C. © 2019


About this Author

Michael W. Padgett, Employment, Labor, Attorney, Jackson Lewis law firm
Office Managing Principal

Michael W. Padgett is Office Managing Principal of the Indianapolis, Indiana, office of Jackson Lewis P.C. His practice covers a broad range of employment litigation and traditional labor matters.

Mr. Padgett's litigation experience includes defending claims of race, age, national origin, and gender discrimination, as well as sexual harassment, unlawful retaliation, wage and hour claims (including class actions), non-compete matters, and occupational safety and health matters. Mr. Padgett has handled these matters in federal and state courts in several states,...