During a legal challenge launched by Local 150, Judge John Sedia took issue with the part of the law requiring unions to represent workers while making illegal for them to require membership dues. ...
The court in Lake County has said (to the legislature), youre requiring this statute, youre requiring citizens and organizations in this state to provide services without compensation and thats got to be problematic for any legislature or any attorney general, said Stephanie Jane Hahn, an attorney who specializes in employment law.
If right-to-work laws are "unconstitutional," as this judge has claimed, there must be a great many states in violation of the US Constitution. Currently, some 24 states--almost half--plus the territory of Guam have right-to-work laws in place. (For the record, those 24 states include my home state of Tennessee.)
The same plaintiff lost his case in federal court. This case was based, in large part, on the claim that a provision of the State Constitution was violated (a claim which required a stretch of the imagination, in my opinion). The judge wasn’t all that confidant in his opinion, however, because he stayed his own decision pending appeal.