As we reported here, the International Union of Operating Engineers Local 150 recently filed a complaint in federal court challenging Indiana’s right-to-work law on constitutional and federal preemption grounds. The complaint alleges various claims under the U.S. and Indiana Constitutions. It also alleges that certain sections of the law are preempted by the National Labor Relations Act. The suit names Indiana Governor Mitch Daniels, Attorney General Greg Zoeller, and Labor Commissioner Lori Torres as individual defendants.
On August 14, 2012, Defendants moved to dismiss the lawsuit on various grounds, arguing, among other things, that both Governor Daniels and Attorney General Zoeller are immune from civil liability, and that the law is substantively valid. The Motion to Dismiss can be found here.