Indiana appeals ruling throwing out right-to-work law
The state is appealing a ruling declaring Indiana's right-to-work law unconstitutional.
Indiana Attorney General Greg Zoeller says his office filed a notice of appeal Tuesday and will defend the 2012 law that was previously upheld in federal court. The appeal will go before the Indiana Supreme Court.
"We are asking the Indiana Supreme Court to reverse the lower court's decision and find the statute is constitutional. We don't begrudge the right of private plaintiffs to challenge a statute, but my office has a duty to defend the policy-making authority of the people's elected representatives in the Legislature," Zoeller said.
Lake Superior Court Judge John Sedia ruled last week the law wrongly requires unions to represent workers who do not pay union dues. He says that violates a provision in the state constitution barring the delivery of services "without just compensation."
Local 150 of the International Union of Operating Engineers had challenged the law before Sedia. The Illinois-based local has members in northwestern Indiana. It also had challenged the law in federal court.
Because the trial court declared portions of the statute unconstitutional, the State's appeal will be heard in the Indiana Supreme Court, rather than the Indiana Court of Appeals.
A message seeking comment was left for a union spokesman.