Citations Affected: IC 22-6-6.
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. 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.
Effective: Upon passage.
January 4, 2012, read first time and referred to Committee on Pensions and Labor.
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. 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. 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 negotiating with employers concerning grievances, labor disputes, wages, rates of pay, or other terms or conditions of employment.
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, "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. 7. 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. 8. A contract, agreement, understanding, or practice, written or oral, express or implied, between:
(1) a labor organization; and
(2) an employer;
that violates section 7 of this chapter is unlawful and void.
Sec. 9. A person that knowingly or intentionally, directly or indirectly, violates section 7 of this chapter commits a Class A misdemeanor.
Sec. 10. 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 attorney shall:
(1) investigate the complaint; and
(2) enforce compliance if a violation of this chapter is found.
Sec. 11. (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) 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. 12. Sections 7 through 11 of this chapter:
(1) apply to a written or oral contract or agreement entered
into, modified, renewed, or extended after March 14, 2012;
(2) do not apply to or abrogate a written or oral contract or agreement in effect on March 14, 2012.