Union Organizing Rights in Indiana: What Workers Can Do

The National Labor Relations Act (NLRA), codified at 29 U.S.C. §§ 151–169, is the primary federal statute protecting union organizing rights. Section 7 of the NLRA (29 U.S.C. § 157) grants all employees of covered employers the right to organize, form, join, or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in concerted protected activity. Section 8(a) of the NLRA (29 U.S.C. § 158(a)) makes it an unfair labor practice for employers to interfere with, restrain, or coerce employees in the exercise of these rights; to dominate or interfere with the formation or administration of a labor organization; to discriminate in hire or tenure based on union membership; to discharge or otherwise discriminate against employees for filing charges or testifying under the NLRA; or to refuse to bargain collectively with the representative chosen by a majority of employees.

The NLRA covers most private-sector employers with at least two employees affecting interstate commerce. The National Labor Relations Board (NLRB), an independent federal agency, has jurisdiction to investigate alleged unfair labor practices and conduct union representation elections. Remedies available under federal law include reinstatement with back pay for wrongfully discharged workers, posting of notices in the workplace, cease-and-desist orders, and reimbursement of union dues unlawfully deducted. The EEOC does not handle union organizing claims; the NLRB is the exclusive federal enforcer.

Indiana does not have a separate state-level statute governing union organizing rights; rather, the state is covered entirely by the National Labor Relations Act as federal law preempts state regulation of union organizing in the private sector. However, Indiana's legal landscape contains important distinctions that affect organizing.

First, Indiana is not a right-to-work state. This means that under the NLRA and state law, unions may negotiate security agreements requiring all employees in a bargaining unit to pay union dues or equivalent fees as a condition of employment, even if the employee chooses not to join the union. This differs from right-to-work states where employees cannot be required to pay union dues.

Second, Indiana's interpretation of at-will employment does not restrict NLRA protections. Indiana Code § 22-5-1-1 establishes at-will employment as the default rule, but at-will status does not override federal labor law. Employers cannot use at-will employment as a defense to justify firing workers for union activity; such discharge is an automatic unfair labor practice regardless of Indiana's at-will doctrine.

Third, Indiana has no state-specific union organizing statute that strengthens or weakens federal protections. Union organizing disputes in Indiana are governed entirely by NLRA standards and adjudicated by the NLRB, not Indiana state courts. However, workers may file related claims under Indiana wrongful discharge law (Indiana Code § 34-47-2-1) if an employer violates a clear public policy, which could include NLRA retaliation, though the NLRB claim is the primary remedy.

Employer coverage under NLRA is identical to state coverage: private-sector employers with two or more employees affecting interstate commerce. Agricultural employers, household domestic workers, and independent contractors are excluded federally and are not covered in Indiana. The remedies available under federal law are the same throughout Indiana.

Important exceptions and limitations apply to union organizing rights in Indiana, even under the NLRA. First, supervisors and managers are not protected by the NLRA and cannot legally organize under federal law. Supervisors are defined as individuals who have authority to hire, fire, discipline, or effectively recommend such actions. This is a categorical exclusion, not a judgment call.

Second, independent contractors and temporary workers supplied by staffing agencies are generally not covered by the NLRA, though the NLRB has expanded joint-employer doctrine in recent years, making staffing agency clients potentially liable for violations affecting temporary workers. Gig workers and those classified as contractors in Indiana may lack organizing protections depending on their control and integration into the employer's business.

Third, agricultural and horticultural workers are excluded from NLRA coverage entirely. This is a federal exclusion with no state override.

Fourth, domestic workers employed in private households are excluded federally. Indiana does not extend protections to this group.

Fifth, employees in healthcare facilities have special procedural requirements: they must provide 10 days' written notice before striking (vs. no notice for other workers), and the NLRB has jurisdiction but with modified procedures.

Sixth, union organizing does not protect workers engaged in clearly illegal conduct. If union activity involves violence, theft, or sabotage, those acts are not protected, and employers may discipline or discharge workers for the illegal conduct itself, though they cannot use it as a pretext for union animus.

Seventh, employers have a legal defense to certain organizing claims if they can prove they acted for a legitimate, non-union reason. For example, if an employer fires a union organizer for poor attendance and has consistently enforced attendance policies against all workers, the employer may escape liability. However, this defense is narrowly construed; the organizer must prove the real reason was union activity, and once that is shown, the burden shifts to the employer to prove legitimate cause.

Eighth, Indiana Right-to-Work advocates occasionally argue Indiana should adopt right-to-work legislation, but no such state law currently exists. This means Indiana does not provide a state-law exception to union security agreements negotiated under the NLRA.

Step 1: Document All Union Activity and Employer Response. Keep a detailed record of dates, times, and descriptions of any union organizing activity you or colleagues engage in—such as conversations, meetings, flyer distribution, or organizing conversations. Also document any employer response: suspicious questioning by management about union interest, threats of job loss or reduced hours if a union is organized, changes in your work schedule or assignments that coincide with known organizing activity, increased surveillance, or disciplinary actions against organizers. Save all written communications (emails, texts, notices) related to organizing. Photograph or photograph workplace postings. Record the names of witnesses to any employer misconduct.

Step 2: Attempt Internal Complaint Process and Preserve Evidence. Before filing an external charge, provide written notice to your employer's HR department or management stating your union organizing concerns and asking for an explanation if discipline or adverse action was taken. This creates a contemporaneous record and sometimes prompts employers to self-correct. However, do not rely on this step alone; it does not stop the statute of limitations. Keep copies of all internal complaints and responses. If your employer retaliated after an internal complaint, this strengthens your case.

Step 3: File an Unfair Labor Practice Charge with the NLRB. You must act within 180 days of the alleged violation (or 300 days if a state labor agency investigated first, which Indiana does not have). Contact the NLRB Regional Office that covers Indiana. Indiana is covered by the NLRB's Region 25, which serves Indiana and Kentucky. File online at www.nlrb.gov or in person or by mail at the Regional Office address provided on the NLRB website. Provide: your name, contact information, employer name and address, description of the alleged unfair labor practice, dates the violation occurred, names of witnesses, and how you believe the employer violated the NLRA. You do not need an attorney to file; the NLRB processes charges from unrepresented workers. Include information about any protected concerted activity and how the employer's action interfered with it.

Step 4: NLRB Investigation and Determination. After you file, the NLRB Regional Office assigns an investigator. The investigator will contact you and the employer to gather statements and evidence. This phase typically takes 1–3 months but can extend longer depending on case complexity. You may be asked to provide documents, witness names, and a detailed account of events. The investigator will interview your employer and obtain records such as schedules, disciplinary files, and communications. After investigation, the NLRB Regional Director issues a determination: if no violation is found, the charge may be dismissed (you can appeal); if a violation is found, the NLRB may issue a complaint and seek a settlement, or the case may proceed to an administrative hearing before an NLRB Administrative Law Judge (ALJ). ALJ hearings are formal but less rigid than court trials. Either party can appeal an ALJ's decision to the full NLRB Board, and further appeal is available to federal court. This entire process can take 6 months to 2+ years depending on complexity and whether settlement is reached.

Step 5: Consult an Employment Attorney. While not required, consulting an employment attorney experienced in labor law is strongly recommended, particularly if the alleged violation involves discharge, significant discipline, or if the employer disputes your account. An attorney can help you articulate your claim, prepare for the NLRB investigation, negotiate with the NLRB, and represent you at a hearing. Many employment attorneys offer free initial consultations. If you cannot afford an attorney, the NLRB itself provides investigation at no cost to you. Seek an attorney who specializes in labor law or employment discrimination, not general practice. The Indiana State Bar Association can provide referrals, or contact the National Employment Lawyers Association (NELA) for vetted attorneys.