HOUSE BILL No. 1028
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-6-5.
Synopsis: Employee's right to work. Makes it a Class A misdemeanor
to require an individual to: (1) become or remain a member of a labor
organization; (2) pay dues, fees, or other charges to a labor
organization; or (3) pay to a charity or another third party an amount
that represents dues, fees, or other charges required of members of a
labor organization; as a condition of employment or continuation of
employment. Establishes a separate private right of action for violations
or threatened violations.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Employment, Labor and
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1028
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-6-5; (11)IN1028.1.1. -->
SECTION 1. IC 22-6-5 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 5. Right to Work
Sec. 1. This chapter does not apply to the following:
(1) An employee of the United States or a wholly owned
corporation of the United States.
(A) employee; and
subject to the federal Railway Labor Act (45 U.S.C. 151 et
(3) An employee employed on property over which the United
States government has exclusive jurisdiction for the purpose
of labor relations.
Sec. 2. This chapter does not apply to the extent that it:
(1) conflicts with; or
(2) is preempted by;
Sec. 3. As used in this chapter, "employer" means:
(1) a person employing at least one (1) individual in Indiana;
(2) a public body; or
(3) an agent of an employer described in subdivision (1) or (2).
Sec. 4. As used in this chapter, "labor organization" means:
(1) an organization;
(2) an agency;
(3) a union; or
(4) an employee representation committee;
that exists, in whole or in part, to assist employees in dealing with
employers concerning grievances, labor disputes, wages, rates of
pay, or other terms or conditions of employment. The term
includes a school employee organization (as defined in
Sec. 5. As used in this chapter, "person" means:
(1) an individual;
(2) a proprietorship;
(3) a partnership;
(4) a firm;
(5) an association;
(6) a corporation;
(7) a labor organization; or
(8) another legal entity.
Sec. 6. As used in this chapter, "public body" means the
(1) The state.
(2) A municipal corporation (as defined in IC 36-1-2-10).
(3) A public transportation agency (as defined in
(4) A public utility employer (as defined in IC 22-6-2-2(a)).
(5) A school employer (as defined in IC 20-29-2-15).
Sec. 7. As used in this chapter, "the state" includes:
(1) a board;
(2) a branch;
(3) a commission;
(4) a department;
(5) a division;
(6) a bureau;
(7) a committee;
(8) an agency;
(9) an institution (including a state educational institution as
defined in IC 21-7-13-32);
(10) an authority; or
(11) another instrumentality;
of the state.
Sec. 8. A person may not require an individual to:
(1) become or remain a member of a labor organization;
(2) pay dues, fees, assessments, or other charges of any kind
or amount to a labor organization; or
(3) pay to a charity or third party an amount that is
equivalent to or a pro rata part of dues, fees, assessments, or
other charges required of members of a labor organization;
as a condition of employment or continuation of employment.
Sec. 9. A contract, agreement, understanding, or practice,
written or oral, express or implied, between:
(1) a labor organization; and
(2) an employer;
that violates section 8 of this chapter is unlawful and void.
Sec. 10. A person that knowingly or intentionally, directly or
indirectly, violates section 8 of this chapter commits a Class A
Sec. 11. An individual who is employed by an employer may file
a complaint that alleges a violation or threatened violation of this
chapter with the attorney general or the prosecuting attorney of
the county in which the individual is employed. Upon receiving a
complaint under this section, the attorney general or prosecuting
(1) investigate the complaint; and
(2) enforce compliance if a violation of this chapter is found.
Sec. 12. (a) If an individual suffers an injury:
(1) as the result of any act or practice that violates this
(2) from a threatened violation of this chapter;
the individual may bring a civil action.
(b) A court may order an award of any or all of the following to
an individual who prevails in an action under subsection (a):
(1) Actual and consequential damages resulting from the
violation or threatened violation.
(2) A civil penalty against the violator of not more than one
thousand dollars ($1,000).
(3) Reasonable attorney's fees, litigation expenses, and costs.
(4) Declaratory or equitable relief, including injunctive relief.
(5) Other relief the court considers proper.
(c) The remedies and penalties set forth in subsection (b) are:
(1) cumulative; and
(2) in addition to other remedies and penalties imposed for a
violation of this chapter.
Sec. 13. Sections 8 through 12 of this chapter:
(1) apply to a written or oral contract or agreement entered
into, modified, renewed, or extended after June 30, 2011; and
(2) do not apply to or abrogate a written or oral contract or
agreement in effect on June 30, 2011.