Labor and Employment - Federal Court Dismisses Union’s Lawsuit Against Indiana’s Right-To-Work Law

January 22, 2013

In this issue:

Federal Court Dismisses Union's Lawsuit Against Indiana's Right-To-Work Law

Labor unions have threatened to challenge the legality of the new, controversial Michigan right-to-work laws. On January 17, 2013, however, a federal court in Indiana dismissed all of the Operating Engineers' federal claims against the similar Indiana right-to-work law, which was enacted in 2012. In dismissing all of the union's federal claims, the court stated: "For better or worse, the political branches of government make policy judgments. The electorate can ultimately decide whether those judgments are sound, wise and constitute good governance, and then can express their opinions at the polls and by other means."

The court's decision about the Indiana law may foreshadow both legal arguments that Michigan unions may use to challenge the Michigan right-to-work laws and how the Michigan Court of Appeals, which has "exclusive original jurisdiction" over any lawsuit challenging the validity of the right-to-work laws, may react to those arguments.

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