January 20, 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. 1468
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)IN1468.1.1. -->
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 individual employed by the United States or a wholly
owned corporation of the United States.
(2) An individual subject to the federal Railway Labor Act (45
U.S.C. 151 et seq.).
(3) An individual employed in the construction industry.
Sec. 2. This chapter does not apply to the extent that it conflicts
(1) the federal National Labor Relations Act (29 U.S.C. 151 et
(2) another federal law or regulation concerning labor
relations or labor organizations.
Sec. 3. As used in this chapter, "construction industry" refers to
the business establishments classified in the construction sector
(NAICS Code 23) by the North American Industry Classification
System (NAICS), as adopted in 1997, and updated from time to
time, under the direction and guidance of the federal Office of
Management and Budget (OMB).
Sec. 4. As used in this chapter, "employer" means:
(1) a person employing at least two (2) individuals in Indiana;
(2) a public body; or
(3) an agent of an employer described in subdivision (1) or (2).
Sec. 5. As used in this chapter, "labor organization" means an
organization, agency, or representation committee that exists, in
whole or in part, to assist employees in:
(1) bargaining collectively; or
(2) negotiating with employers;
concerning grievances, labor disputes, wages, rates of pay, or terms
or conditions of employment. The term includes a school employee
organization (as defined in IC 20-29-2-14).
Sec. 6. 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; or
(7) another legal entity.
Sec. 7. 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. 8. As used in this chapter, "state" means:
(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;
(10) an authority; or
(11) another instrumentality;
of the state.
Sec. 9. An employer 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 an amount to a charity or third party that is
equivalent to or a pro rata part of dues, fees, assessments, or
other charges regularly required of members of a labor
as a condition of employment or continuation of employment.
Sec. 10. A written or an oral contract or agreement, express or
implied, between a labor organization and an employer that
violates section 9 of this chapter is void.
Sec. 11. An employer that knowingly or intentionally violates
section 9 of this chapter commits a Class A misdemeanor.
Sec. 12. 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. 13. (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 in subsection (b) are:
(1) cumulative; and
(2) in addition to other remedies and penalties imposed for a
violation of this chapter.
Sec. 14. (a) Sections 9 through 13 of this chapter:
(1) apply to a written or an oral contract or agreement
entered into, modified, renewed, or extended after June 30,
(2) do not apply to or abrogate a written or an oral contract
or agreement in effect on June 30, 2011.
(b) This section expires July 1, 2014.