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IC 22-6-6-2
Conflicts with or preempted by federal law; effect
Sec. 2. This chapter does not apply to the extent that it:
(1) conflicts with; or
(2) is preempted by;
federal law.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-3
Application of law to collective bargaining and collective
bargaining agreements in building and construction industry
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.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-5
"Labor organization"
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.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-6
"Person"
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.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-7
"The state"
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.
IC 22-6-6-8
Certain practices as condition of employment forbidden
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.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-9
Void contracts, agreements, understanding, or practices
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.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-10
Violations; criminal penalties
Sec. 10. A person that knowingly or intentionally, directly or
indirectly, violates section 8 of this chapter commits a Class A
misdemeanor.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-11
Violations; filing complaint with attorney general, prosecuting
attorney, or department of labor
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, the department of labor, or the
prosecuting attorney of the county in which the individual is
employed. Upon receiving a complaint under this section, the
attorney general, department of labor, or prosecuting attorney may:
(1) investigate the complaint; and
(2) enforce compliance if a violation of this chapter is found.
In addition to any other remedy available under this chapter, if the
department of labor determines that a violation or a threatened
violation of this chapter has occurred, the department of labor may
issue an administrative order providing for any of the civil remedies
described in section 12 of this chapter. The department 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 this chapter.
IC 22-6-6-12
Civil actions and remedies
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.
As added by P.L.2-2012, SEC.1.
IC 22-6-6-13
Effective date of application of statutes to contracts
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.
As added by P.L.2-2012, SEC.1.