Indiana court’s Right to Work ruling gives union supporters rare judicial victory

Ohio union supporters are used to fighting Right to Work legislation without using the judicial system as a safety net. However, a recent Indiana court ruling in support of union views could signal a changing landscape in the controversial legislative battle.

Lake County Superior Court Judge John Sedia ruled Indiana’s Right to Work law unconstitutional, stating that the law violates a provision in the state constitution barring the delivery of services “without just compensation,” and forces unions to unjustly represent workers who do not pay dues.

This ruling allows union representatives to begin the process of overturning the controversial law.

“We’re happy to see the judicial system play a part in Indiana’s Right to Work fight,” said Pat Sink, IUOE Local 18’s business manager. “Although a promising development, we can’t forget about the risks that come with letting Right to Work get that far in the first place.”

While a promising development to know that the courts could be used as a safety net, Sink warns union supporters that the Indiana ruling is merely a brief departure from other judicial rulings in the Right to Work struggle.

In July, the Michigan Supreme Court refused to intervene on the controversial Right to Work law passed in 2012, eliminating the most effective means of challenging the divisive Republican legislation.

The “Washington Examiner” also reported last week that an Orange County, Calif. math teacher is suing to fight the required payment of union dues. If the case makes it to the California Supreme Court, it could very well make California a Right to Work state.

Although Right to Work efforts in Ohio failed to gain traction during the previous legislative sessions, Ohio union leaders and members have remained vigilant in an effort to ensure the movement doesn’t gain more momentum.

“We’re doing everything in our power to educate voters and make sure Right to Work doesn’t advance an inch in Ohio,” said Sink.

The IUOE Local 18 union-backed advocacy group Keep Ohio’s Heritage have been running ads on cable and network television designed to educate voters on the issue.

Opponents of recent Right to Work bills, also known as “Workplace Freedom,” contend that the initiative’s true purpose is to kill unions and worker protections, ultimately leading to a weaker middle class.

By stripping workers of their rights and freedoms, business owners would be free to lower worker pay, reduce worker benefits and ignore worker rights.

SOURCE:  Keep Ohio's Heritage

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