New Law Guarantees Right to Employee Representation Elections

Effective July 1, 2011, a new Indiana statute guarantees employees the right to vote by secret ballot in any election that is required or permitted by Indiana or federal law for the designation, authorization or retention of employee representation. This same statute (codified at I.C. 22-6-5-1 et seq.) guarantees the right of any employer to engage in a campaign in connection with such an election.

It is not clear what the impact of this new law will be or even whether it is enforceable. A constitutional amendment providing for similar employee rights was recently adopted in Arizona and has already been challenged by the National Labor Relations Board, which filed suit in federal court seeking a declaration that the provision is preempted by the National Labor Relations Act. The Indiana statute does contain a provision stating that the law does not apply “to the extent that it conflicts with the National Labor Relations Act (20 U.S.C. 151 et seq.) or . . . another federal law or regulation concerning labor relations or labor organizations.”