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Indiana Court of Appeals Issues First Decision under the Indiana Right-to-Work Law

In Warner v. Chauffeurs, Teamsters & Helpers Local Union No. 414, the Indiana Court of Appeals was presented with its first opportunity to interpret Indiana’s Right-to-Work Law. There, the plaintiffs voluntarily signed dues-checkoff authorizations which instructed the employer to deduct an amount equal to union dues from their paychecks and send that money to the union. The plaintiffs argued that the enforcement of their dues-checkoff authorizations was prohibited by the Indiana Right-to-Work Law.

                The Court of Appeals found that the plaintiffs’ claims regarding their dues-checkoff authorizations were pre-empted by federal law and thus the Indiana Right-to-Work Law did not apply to those claims. The Court stated, “United States Supreme Court precedent holds that congressional regulation of dues checkoffs is so pervasive as to totally displace a state's ability to act in the field.” In other words, the Indiana Right-to-Work Law has no effect on parties’ obligations under dues checkoff authorizations that are governed by federal law.

                Clink here to read the full decision from the Indiana Court of Appeals.

Daniel Bowman