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HEA 1001 passed the Indiana House, Senate and was signed by Governor Mitch Daniels on February 1, 2012. The law became effective immediately.
The law found at Indiana Code 22-6-6, is the state's policy statement that it has opted out of some provisions of the National Labor Relations Act. The Indiana Right-to-Work law provides that no employer, labor organization or any person may require an individual to become or remain a member of a labor organization, or pay dues, fees or assessments (or charitable donation substitutes) as a condition of employment, new or continued.
The law includes a private right of action that can be brought by the individual in civil court, and it provides for an administrative remedy by the Indiana Department of Labor. Finally, the act criminalizes violations of the act, and gives prosecutors discretion to charge people or organizations criminally for violations.
The law does not apply to collective bargaining agreements that were in place on or before March 14, 2012, and it will not prohibit exclusive pre-hire agreements with labor unions in the building and construction trades.
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