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Appeals Court Rules Indiana's Right To Work Law Constitutional

Last updated on Wednesday, September 3, 2014

(INDIANAPOLIS) - A federal appeals court says Indiana’s Right to Work law is constitutional.

The split decision came Tuesday morning from a three-judge panel. The Indiana General Assembly passed by the law in 2012 despite protests from unions.

In Tuesday's ruling, judges said the law--which prohibits companies from forcing employees to pay union dues--does not violate federal labor laws or constitutional rights.

"The statutory question posed is whether Indiana's new law is preempted by federal labor law, or threatens the Union's First Amendment rights. The answer is an emphatic no," wrote Circuit Judge John Daniel Tinder in affirming the decision. Judge Daniel A. Manion also affirmed the decision.

"Today's decision is either incorrect or it lays bare an unconstitutional confiscation perpetuated by our current system of labor law," wrote Chief Judge Diane P. Wood in her dissent.

The law faces other legal challenges. Two judges in Lake County ruled the law unconstitutional, though the Indiana Supreme Court stayed those rulings. The high court will hear arguments in one of those cases Thursday.

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