Gregory F. Zoeller, Attorney General of the State of Indiana and Rick J. Ruble, Commissioner of the Indiana Department of Labor v. James M. Sweeney, David A. Fagan, Charles Severs, James C. Oliver, Bryan Scofield, Earl Click Jr., and International Union of Operating Engineers, Local 150-AFL-CIO

Summary

The Indiana Supreme Court reviewed a trial court judgment declaring provisions of Indiana's Right to Work Law unconstitutional under Article 1, Section 21 of the Indiana Constitution. The court held that Indiana Code sections 22-6-6-8 and 22-6-6-10 do not constitute a state demand for particular services without just compensation and reversed the trial court's declaratory judgment and denial of the defendants' motion to dismiss. Justice Rucker concurred in the result, emphasizing that the facial challenge failed on the existing record.

Holdings

1. The State did not waive its arguments because the trial court entered final judgment sua sponte on the motion to dismiss without giving the State an opportunity to develop and present further defenses.
2. Indiana Code sections 22-6-6-8 and 22-6-6-10 do not violate Article 1, Section 21 because any compulsion to provide services under federal labor law is not a demand made by the State of Indiana.
3. The Union failed to establish that the challenged provisions are unconstitutional in every possible application.

Questions Presented

1. Whether Indiana Code sections 22-6-6-8 and 22-6-6-10 facially violate Article 1, Section 21 of the Indiana Constitution by requiring an exclusive-agency union to provide services without just compensation.
2. Whether the State waived arguments on appeal by failing to present them in the trial court.
3. Whether the trial court properly entered declaratory judgment sua sponte on the State's motion to dismiss.

Disposition

reversed