A U.S. District judge for the Northern District of Indiana has rejected the
challenge of the state’s so-called “right-to-work” law filed last year by
Local 150 of the International Union of Operating Engineers.
On Thursday, U.S. District Judge Philip P. Simon dismissed two of Local
150’s eleven counts—in which it argued that the law violates the Indiana
constitution—without prejudice to their being litigated in state court;
dismissed another count as moot, and then dismissed the remaining counts
after finding that Local 150 had failed “to state a claim upon which relief
can be granted.”
Simon concluded his ruling by noting that the questions raised purely by the
policy of the “right-to-work” law are beyond his scope. “For better or
worse, the political branches of government make policy judgments,” Simon
wrote in his ruling. “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. But those are
questions beyond the reach of the federal court, which is limited to
analysis of particular legal arguments that the challenged legislation runs
afoul of preemptive federal labor law or the U.S Constitution. None of the
legal challenges raised by the union here to attack Indiana’s new Right to
Work law can succeed.”
Simon did suggest that the “‘Right to Work’ label has a nice sound to it but
is misleading.”
“What these types of laws actually prohibit are ‘union security clauses,’
which are provisions in collective bargaining agreements between labor
unions and employers that condition employment on a worker joining the
union. In addition, such clauses permit, as a substitute for union
membership, requiring the payment of fees to the union or, in the case of
religious objection, making a substitute payment to a charitable
organization. So it’s not as if prior to the law’s enactment certain people
in Indiana were prevented from working and the law suddenly gave them the
‘Right to Work.’ Rather, it simply prevents forced union membership.”
Among other things, Simon ruled against the union’s argument that the
“right-to-work” law violates the ex post facto clause of the U.S.
Constitution because it applies to “existing contracts that were legal when
entered into.” Simon found, on the contrary, that the law specifically
applies “prospectively only,” and referred in his ruling to Indiana Labor
Commissioner Torres’ declaration which, he wrote, “makes it clear that the
state has no intention of enforcing the Right to Work law on contracts in
existence on the date the law was passed.”
Simon also rejected the union’s argument that the law violates the Equal
Protection clause of the U.S. Constitution’s Fourteenth Amendment.
Specifically, he found—following the U.S. Supreme Court—that union
membership is “not a suspect classification” which would trigger any “strict
scrutiny” of a law for possible violation of the Equal Protection clause
Local 150 had
argued that, because the “right-to-work” law “restricts the channel of
income that supports the union’s protected political speech,” it does
violate the Equal Protection clause. Simon, against that argument, cited the
U.S. Supreme Court’s decision that though a plaintiff “may not ‘have as much
money as it wants, and thus cannot exercise its freedom of speech as much as
it would like, the Constitution “does not confer an entitlement to such
funds as may be necessary to realize all the advantages of that freedom.” ”