Collective Bargaining Rights in Indiana: Worker Protections

The National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., is the primary federal law governing collective bargaining rights in the United States. The NLRA applies to all private sector employers with at least one employee, with limited exceptions for agricultural workers, domestic workers, independent contractors, and railroad/airline employees (covered instead by the Railway Labor Act).

The NLRA grants employees the right to form, join, and assist labor unions; engage in concerted activities for mutual aid or protection; bargain collectively through representatives of their choosing; and strike. The law covers unionization campaigns, certification elections, contract negotiations, and grievance procedures. The National Labor Relations Board (NLRB), an independent federal agency, enforces the NLRA.

Employers are prohibited from interfering with, restraining, or coercing employees in the exercise of their NLRA rights; discriminating against employees for union activity; refusing to bargain in good faith with certified unions; and dominating or assisting unions. Employees and unions also face restrictions—unions cannot restrain or coerce employees regarding union membership, and certain unfair labor practices are prohibited. Remedies include cease-and-desist orders, back pay, reinstatement, and posting of notices. The NLRB has jurisdiction over most private sector disputes, though state courts retain some authority on issues not preempted by federal law.

Indiana's collective bargaining landscape is shaped by two key statutes: the right-to-work law (Ind. Code § 22-8-1-2) and the Indiana Public Employees Relations Act (PERA, Ind. Code § 20-7.5-1-1 et seq.). Together, these laws create a framework that is considerably more restrictive than federal baseline protections.

Indiana's right-to-work law is the centerpiece. Ind. Code § 22-8-1-2 explicitly prohibits any agreement or contract, written or oral, that requires an employee to become or remain a member of a labor organization as a condition of employment or continued employment. This means union security agreements—such as union shops, agency shops, and maintenance-of-membership clauses—are unenforceable in Indiana. Even if a union negotiates such a clause into a collective bargaining agreement, it cannot be enforced. This significantly weakens union financial power and member discipline compared to states with stronger union security provisions.

The federal NLRA remains fully applicable to Indiana's private sector and provides the substantive protections for organizing and bargaining. However, Indiana's right-to-work status means that even after a union wins certification, the union cannot force non-member employees to pay dues or fees, even for the costs of negotiating the contract that covers those non-members. This creates a "free rider" problem where employees can benefit from union negotiation without contributing financially.

For public sector employees, Indiana's PERA grants limited collective bargaining rights. Ind. Code § 20-7.5-1-1 et seq. allows public employees—including municipal and school employees—to organize and bargain collectively, but the scope is narrower than private sector rights. Public employee bargaining is often limited to wages, hours, and certain working conditions, with many subjects removed from bargaining by statute. Public employees typically do not have the right to strike and face different enforcement mechanisms than private sector workers.

As to employer coverage: the NLRA covers private sector employers engaged in commerce affecting interstate trade. Indiana has no additional state-law expansion of which employers must recognize unions beyond the federal standard. However, Indiana Code § 22-8-1-2 applies to all employers in the state—its right-to-work protections are universal.

Indiana does not provide any state-law protections stronger than the NLRA for private sector workers. The state does not extend collective bargaining rights beyond the federal floor, nor does it provide any supplemental remedies. Retaliation claims follow federal NLRA standards under 29 U.S.C. § 158(a)(1) and (3). Indiana courts have generally deferred to federal labor law and the NLRB's interpretation. Remedies remain those available federally: reinstatement, back pay, cease-and-desist orders, and NLRB notices. Indiana does not impose additional state-law damages or penalties for violation of collective bargaining rights.

Several important exceptions and limitations apply to collective bargaining rights in Indiana.

First, the right-to-work law creates a broad carve-out from union security agreements. Even if a union successfully negotiates a union shop or agency shop clause, it is void under Ind. Code § 22-8-1-2. Employees cannot be disciplined or terminated for refusing to join the union or pay dues. This is not a federal exemption—it is a state-law constraint on what unions can negotiate.

Second, certain categories of workers fall outside the NLRA entirely. Agricultural workers, domestic service workers, independent contractors, supervisors, and managers are excluded from NLRA coverage and have no federal collective bargaining rights. Additionally, employees of the federal government, railroads (covered by the Railway Labor Act instead), and certain airline employees have different bargaining frameworks.

Third, public employees under PERA face significant limitations not present in the private sector. Many public employees have restricted bargaining scope—some subjects are non-negotiable by statute. Public employees often lack the right to strike; strikes by public safety personnel are typically prohibited. The remedies available are narrower, and the enforcement mechanism differs from NLRB enforcement.

Fourth, at-will employment remains the default rule in Indiana, even for union members. While the NLRA and collective bargaining agreements modify at-will employment by requiring just cause for discipline covered by the contract, the underlying at-will relationship is not displaced by unionization alone.

Fifth, small employers may be exempt from NLRB jurisdiction based on the Board's discretionary jurisdictional standards. While the NLRA technically covers employers with one employee in commerce, the NLRB has declined to exercise jurisdiction over very small employers or employers with minimal effect on interstate commerce. This is a practical exception: the NLRB may decline to hear a case.

Sixth, the duty to bargain in good faith (required federally under 29 U.S.C. § 158(d)) has limits. Employers are not required to agree to union demands, only to bargain; they can propose counter-offers and refuse unreasonable demands. Impasse in bargaining is a recognized defense to refusing a union proposal.

Seventh, union conduct is subject to restrictions. While employees have a right to organize, unions cannot restrain or coerce employees in the exercise of their rights (29 U.S.C. § 158(b)). Unions cannot discriminate based on union membership if the employee is exercising NLRA rights, and certain union security agreements and fees are prohibited in right-to-work states.

If you believe your collective bargaining rights have been violated in Indiana, follow these steps:

**Step 1: Document the Violation** Gather and preserve evidence of the alleged violation immediately. If the issue involves union organizing or retaliation for union support, document the date, time, location, and details of any adverse action taken against you (termination, discipline, demotion, wage change, schedule change, etc.). Record the names and statements of witnesses. Keep emails, text messages, performance reviews, and any communications from management regarding your union activity. If the violation involves denial of the right to organize, document when the employer prevented union activity, prohibited distribution of literature, or interfered with employee meetings. For public sector violations under PERA, document the specific nature of the bargaining dispute or denial of bargaining rights. Retain all documents in a secure location outside your workplace.

**Step 2: Internal Complaint Process** Before filing a formal charge, review your collective bargaining agreement (if one exists) for a grievance procedure. Many union contracts include a multi-step grievance process: informal discussion with the supervisor, formal written grievance, and arbitration. Using the internal grievance process may resolve the issue faster and preserve the relationship with your employer. Even if you choose to pursue an external complaint, the grievance process creates a record and may toll certain deadlines. If you do not have a union representative, contact your union steward or local union office immediately. They can advise you on whether the violation falls within the contract and can guide you through internal remedies. The internal process is not required to file an unfair labor practice charge, but it is strategic.

**Step 3: File an Unfair Labor Practice Charge** For private sector violations of the National Labor Relations Act, you must file with the National Labor Relations Board (NLRB). The NLRB has a Regional Office serving Indiana. The Indiana region is covered by the NLRB's Chicago Regional Office. File in person, by mail, or online at the NLRB website.

NLRB Chicago Regional Office (covering Indiana): 209 S. LaSalle Street, Suite 900, Chicago, IL 60604. Phone: (312) 353-7570. Website: www.nlrb.gov.

Online filing: Visit www.nlrb.gov/about-nlrb/what-we-do/investigate-unfair-labor-practices and follow the e-filing portal for your region.

Critical deadline: You have 180 days from the date of the alleged violation to file an unfair labor practice charge. This deadline is strictly enforced. If you miss it, your claim is time-barred and cannot be pursued.

What to include in your charge: Your name, address, phone number, email, and job title. The employer's name, address, and phone number. The date(s) of the alleged violation(s). A detailed description of what happened, including what the employer did or failed to do, how it violated your NLRA rights, and the names of any witnesses. Whether you are a union member or supporter and the nature of your union activity. Specify which unfair labor practice(s) you are claiming—for example, retaliation for union organizing (29 U.S.C. § 158(a)(1) and (3)), interference with organizing (§ 158(a)(1)), or refusal to bargain (§ 158(a)(5)).

For public sector violations under Indiana's PERA (Ind. Code § 20-7.5-1-1 et seq.), file a complaint with the Indiana Public Employees Relations Board (PERB). PERB address: 100 N. Senate Avenue, Room N103, Indianapolis, IN 46204. Phone: (317) 232-2699. Website: www.in.gov/perb. The deadline for filing under PERA is typically 30 days from the date of the alleged violation, so act quickly. Include the same detailed information as an NLRB charge.

**Step 4: Investigation and Administrative Process** After you file your charge with the NLRB, the Regional Office will investigate. An investigator will contact you and the employer, interview witnesses, and review documents. The investigation typically takes 30 to 90 days, though complex cases take longer. You may be asked to provide additional evidence; be responsive. The NLRB investigator will interview the employer and may request access to personnel records, communications, and witness statements. The employer has the right to present its defense.

After investigation, the NLRB Regional Director will issue a determination. If the Director finds reasonable cause to believe the employer committed an unfair labor practice, the NLRB will issue a complaint and notice of hearing. If no reasonable cause is found, the charge is dismissed, but you have limited appeal rights. If a complaint is issued, the case goes to an Administrative Law Judge (ALJ) for a hearing. You and the employer will present evidence, examine and cross-examine witnesses, and make arguments. The ALJ issues a decision. Either party can appeal to the five-member National Labor Relations Board in Washington, D.C. The Board's decision is final but can be appealed to federal court on narrow grounds.

For public sector cases under PERA, the Indiana PERB will investigate similarly. If a violation is found, PERB can order reinstatement, back pay, restoration of benefits, and cease-and-desist orders.

**Step 5: When to Consult an Attorney** Consult an employment attorney experienced in labor law immediately if: (1) you have been discharged or disciplined for union activity; (2) the employer is interrogating you about union sympathies or activities; (3) the employer is threatening to close the plant or relocate if employees unionize; (4) you are part of an organizing campaign and the employer is resisting; or (5) a union and employer are in a contract negotiation dispute and you want to understand your rights.

You do not need an attorney to file an unfair labor practice charge, but an attorney can strengthen your case significantly. A labor law attorney can help investigate the violation, gather evidence, prepare witnesses, and represent you in NLRB proceedings. Many labor law attorneys work on contingency or offer reduced rates for union members. The union may also provide legal representation through its resources. Federal law allows for recovery of attorney fees in some cases, so attorney representation may be cost-neutral if you prevail.