Indiana labor relations sit on three legal pillars: at-will employment is the default, a right-to-work statute bars compulsory union dues, and collective bargaining rights depend heavily on who you work for. Private sector organizing runs through federal law. In the public sector, only one group — certificated school employees — has a statutory right to bargain.
At-Will Employment Is the Starting Point
Unless something changes the default, your employer can hire, fire, promote, demote, or alter your working conditions without showing cause, and you can quit at any time for any reason.1IN.gov. Can My Employer Terminate Me for No Reason
Two things override at-will status. The first is anti-discrimination law: an employer cannot fire you because of age, sex, race, religion, national origin, or disability. The second is a contract. A collective bargaining agreement or individual employment contract replaces at-will flexibility with negotiated terms covering discipline, layoffs, and conditions of work.
Indiana’s Right-to-Work Law
Indiana Code 22-6-6 prohibits anyone from requiring you to join a labor organization, pay union dues or fees, or make equivalent payments to a charity or third party as a condition of getting or keeping a job.2Indiana General Assembly. Indiana Code 22-6-6-8 – Certain Practices as Condition of Employment Forbidden This applies whether or not a union exists at your workplace. Even in a unionized shop, you cannot be compelled to pay the union.
A knowing or intentional violation is a Class A misdemeanor.3Justia. Indiana Code 22-6-6 – Right to Work That carries up to one year in jail and a fine of up to $5,000.4Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor Civil remedies, including damages and injunctive relief, are also available.
Two groups fall outside the statute. Railway and airline workers are governed by the federal Railway Labor Act, which has covered railroads since 1926 and airlines since 1936.5Office of the Law Revision Counsel. 45 US Code 181 – Application of Subchapter I to Carriers by Air Federal employees and workers on exclusive federal enclaves are also outside Indiana’s statute.
Private Sector Union Rights Under the NLRA
For most private sector workers in Indiana, union activity is governed by the National Labor Relations Act. Section 7 gives employees the right to form or join a union, bargain collectively, and engage in other group activity to improve working conditions. It also protects the right to opt out of those activities.6Office of the Law Revision Counsel. 29 USC 157 – Rights of Employees
Protected concerted activity is broader than most people think. Talking with coworkers about pay, circulating a petition for better scheduling, refusing as a group to work in unsafe conditions, or contacting the media about workplace problems all qualify. A single employee acting on behalf of coworkers, or trying to organize group action, is also protected. Employers cannot fire, discipline, or threaten you for any of this.7National Labor Relations Board. Concerted Activity
Several employer practices can violate the Act. Handbook rules forbidding employees from discussing wages or working conditions are unlawful even when never enforced. The NLRB General Counsel has also flagged misclassification of employees as independent contractors, non-compete agreements that restrict worker mobility, and certain electronic surveillance practices as potential violations when they chill protected activity.8National Labor Relations Board. Interference with Employee Rights
How a Union Election Works
Employees or a union file a petition with the nearest NLRB Regional Office, backed by signatures or other evidence of support from at least 30 percent of the workers in the proposed bargaining unit. NLRB agents confirm jurisdiction and check that no existing contract or recent election blocks a new vote.9National Labor Relations Board. Conduct Elections
The employer must post a Notice of Petition for Election and distribute it electronically if that is how it normally communicates with the unit. The NLRB works with both sides on the election date, location, and voter eligibility. If the parties cannot agree, the Regional Director holds a hearing and may order an election.
Elections are decided by a majority of votes cast, not a majority of eligible voters. Any party can file objections within seven days of the count. If a union wins, it becomes the exclusive bargaining representative, and the employer must bargain in good faith over wages, hours, and other conditions of employment. Indiana’s right-to-work law still applies: the union speaks for the whole unit, but no individual worker can be forced to pay dues.2Indiana General Assembly. Indiana Code 22-6-6-8 – Certain Practices as Condition of Employment Forbidden
Collective Bargaining for Indiana Teachers
Teachers are the only public employees in Indiana with statutory collective bargaining rights. The Indiana Certificated Educational Employee Bargaining Act, at Indiana Code 20-29, grants those rights exclusively to certificated school employees. No other category of state or local government worker has a comparable statute.10IN.gov. What Is the Indiana Education Employment Relations Board
The scope of bargaining is deliberately narrow. Mandatory subjects are salary, wages, and wage-related fringe benefits such as health insurance, retirement contributions, and paid time off. A grievance procedure is a permissive subject, meaning both sides must agree to put it on the table.11Indiana Education Employment Relations Board. Collective Bargaining
The prohibited list is longer than the allowed list. Indiana Code 20-29-6-4.5 and 20-29-6-4.7 bar negotiations over the school calendar, teacher evaluation procedures and criteria, teacher dismissal procedures and criteria, curricular materials costs, supplemental payments, teacher appreciation grant stipends, and restructuring options triggered by accountability failures. Anything not specifically required to be bargained is also off the table.12Indiana Education Employment Relations Board. Practitioners Guide to Bargaining and Impasse In practice, school boards keep control of educational policy and operations while teachers negotiate compensation.
Good Faith at the Table
Both the school employer and the employee organization must bargain in good faith.13Indiana General Assembly. Indiana Code 20-29-6-1 – Duty to Bargain Collectively Neither side has to agree to the other’s proposals. Both must show up, engage seriously with the issues, and make a real effort to reach agreement. Refusing to meet, rejecting every proposal without explanation, or insisting on illegal terms all signal bad faith and can support an unfair practice charge.
Bargaining Calendar and Impasse
The bargaining calendar tracks the school budget cycle. Informal discussions can happen before September 15. Before the first formal session, both sides must hold at least one public hearing where community members can testify about the items being negotiated. Formal bargaining begins September 15.11Indiana Education Employment Relations Board. Collective Bargaining
Once the parties reach a tentative agreement, the school board must post it on the school corporation’s website and hold a public meeting at least 72 hours before a ratification vote. Ratified contracts are due by November 15.
When the parties cannot agree, the Indiana Education Employment Relations Board runs a mandatory impasse process. Mediation comes first, with a neutral mediator working with both sides for up to 30 days and costs split between the parties. Each side must then submit a last, best offer; if a party fails to submit one, the fact-finder can select the other party’s offer in its entirety.14Indiana Education Employment Relations Board. Mandatory Impasse Procedures – Mediation and Factfinding If mediation fails, the IEERB appoints a fact-finder, who investigates, holds a hearing, and issues a binding decision based on one party’s last, best offer. Fact-finding also runs up to 30 days with shared costs, and the decision can be appealed to the full five-member IEERB.
Unfair Labor Practices in Education
Indiana Code 20-29-7-1 lists what counts as an unfair labor practice by a school employer:15Indiana General Assembly. Indiana Code 20-29-7-1 – Unfair Practices by School Employers
- Restraining or coercing school employees who exercise their bargaining rights under IC 20-29-4
- Interfering with the formation or administration of a school employee organization, or giving it financial support
- Encouraging or discouraging union membership through hiring, tenure, or other terms of employment
- Discharging or discriminating against an employee for filing a complaint, petition, or testimony under the bargaining statute
- Refusing to bargain collectively with the exclusive representative
School employee organizations can also commit unfair practices, including restraining employees from exercising their rights or refusing to bargain in good faith.
How to File a Complaint
A school employer or employee who believes an unfair practice has occurred may file a complaint under oath with the IEERB. The complaint must summarize the facts and identify the specific sections of IC 20-29 that were allegedly violated.16Indiana General Assembly. Indiana Code 20-29-7-4 – Prevention of Unfair Practices Gather records of specific dates, locations, and the actions that triggered the complaint before you file.
Complaints go to the IEERB by email at efile@ieerb.in.gov and must be served on all other interested parties. The IEERB opens a case in its case management system, and all later filings run through that system.17Indiana Education Employment Relations Board. Unfair Labor Practices A hearing examiner reviews the case; the examiner’s decision can be appealed to the full IEERB, and the Board’s final decision is subject to judicial review.
Act quickly. Federal unfair labor practice charges under the NLRA have a six-month filing window, and while state timelines may differ, delays weaken any complaint.
Wage, Hour, and Safety Rights That Apply to Everyone
Indiana’s minimum wage matches the federal rate of $7.25 per hour.18U.S. Department of Labor. State Minimum Wage Laws The state has not enacted a higher floor, so the federal Fair Labor Standards Act effectively sets the standard.
Under the FLSA, non-exempt employees who work more than 40 hours in a workweek must be paid overtime at one and a half times their regular rate. A workweek is a fixed 168 consecutive hours, and employers cannot average hours across two or more weeks to avoid paying overtime.19U.S. Department of Labor. Overtime Pay Weekend and holiday work does not automatically trigger overtime unless weekly hours exceed 40.
Not everyone qualifies. Employees paid at least $684 per week on a salary basis whose job duties meet certain tests can be classified as exempt, with the main categories being executive, administrative, professional, computer, and outside sales employees. Job titles do not control; actual duties do.20U.S. Department of Labor. Fact Sheet 17A – Exemption for Executive, Administrative, Professional, Computer and Outside Sales Employees Under the Fair Labor Standards Act If you are classified as exempt but your work does not match the regulatory tests, you may be owed back overtime.
On safety, federal law requires employers to keep workplaces free from known hazards. Under OSHA, Indiana workers in the private sector have the right to receive safety training in a language they understand, work on safe machines, receive required protective equipment, refuse work that poses an immediate danger, and request an OSHA inspection without retaliation.21Occupational Safety and Health Administration. Worker Rights and Protections
Complaints can be filed with OSHA online, by phone at 800-321-6742, or at a local office, anonymously or by someone else on your behalf. A signed complaint is more likely to lead to an on-site inspection. File promptly, because OSHA cannot issue violations for hazards that occurred more than six months earlier.22Occupational Safety and Health Administration. File a Complaint
Retaliation for raising safety concerns is illegal. Firing, demoting, cutting hours, reassigning to a worse position, and subtler actions like isolating or mocking an employee for complaining can all violate the law. If you believe you were retaliated against, you must file a whistleblower complaint with OSHA within 30 days of the retaliatory action.23Occupational Safety and Health Administration. OSHAs Whistleblower Protection Program That window is strict and short.