An Indiana court recently ruled that the United Steelworkers (“USW”) can pursue a legal challenge to the right-to-work-for-less legislation that the state enacted earlier this year. The court found that it could not “categorically” rule that the new statute does not violate the state constitution.

The court denied the motion to dismiss the case filed by Governor Mitch Daniels (R), finding there was sufficient evidence present for the suit to move forward.

The USW contend that the right-to-work-for-less legislation requires unions to represent workers who receive benefits of union membership without having to contribute anything to the cost of the union representation. The union contents having to represent these non-dues paying members is in direct violation of Article 1, Section 21, of the Indiana constitution, which provides, “No person’s particular services shall be demanded, without just compensation.”

An additional challenge to the law has been filed by the International Union of Operating Engineers Local 150 in the U.S. District Court for the Northern District of Indiana. That federal court challenge has not yet been resolved.