Citations Affected: IC 22-6.
January 9, 2012, read first time and referred to Committee on Employment, Labor and
January 11, 2012, reported _ Do Pass.
January 23, 2012, read second time, amended, ordered engrossed.
January 24, engrossed.
January 25, read third time, passed. Yeas 55, nays 44.
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. Provides that the Indiana department of labor may investigate and issue administrative orders for violations or threatened violations. Establishes a separate private right of action for violations or threatened violations. Provides that the statute does not apply to federal employees, employees subject to certain federal laws, certain employees over whom the federal government has jurisdiction, state employees, and employees of a political subdivision. Provides that the statute does not apply to the extent it is in conflict with or preempted by federal law. Provides that the statute is not intended, and should not be construed, to change or affect any other law concerning collective bargaining or collective bargaining agreements in the building and construction industry.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Sec. 2. This chapter does not apply to the extent that it:
(1) conflicts with; or
(2) is preempted by;
Sec. 3. Nothing in this chapter is intended, or should be construed, to change or affect any law concerning collective bargaining or collective bargaining agreements in the building and construction industry other than:
(1) a law that permits agreements that would require membership in a labor organization;
(2) a law that permits agreements that would require the payment of dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
(3) a law that permits agreements that would require the payment to a charity or a third party of an amount that is equivalent to or a pro rata part of dues, fees, assessment, or other charges required of members of a labor organization;
as a condition of employment.
Sec. 4. As used in this chapter, "employer" means:
(1) a person employing at least one (1) individual in Indiana; or
(2) an agent of an employer described in subdivision (1).
Sec. 5. 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 negotiating with employers concerning grievances, labor disputes, wages, rates of pay, or other terms or conditions of employment.
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;
(7) a labor organization; or
(8) another legal entity.
Sec. 7. As used in this chapter, "the state" includes:
(1) a board;
of labor may adopt rules under IC 4-22-2, including emergency
rules under IC 4-22-2-37.1, to carry out its responsibilities under
Sec. 12. (a) If an individual suffers an injury:
(1) as the result of any act or practice that violates this chapter; or
(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) The greater of:
(A) actual and consequential damages resulting from the violation or threatened violation; or
(B) liquidated damages of not more than one thousand dollars ($1,000).
(2) Reasonable attorney's fees, litigation expenses, and costs.
(3) Declaratory or equitable relief, including injunctive relief.
(4) 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 March 14, 2012; and
(2) do not apply to or abrogate a written or oral contract or agreement in effect on March 14, 2012.