Authority: IC 22-6-6-11

Affected: IC 22-6-6-8

Sec. 3. (a) An individual may file a complaint alleging that a person has required or threatened to require the individual to:

1. (1) become or remain a member of a labor organization;
2. (2) pay dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
3. (3) pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization;

as a condition of employment or continuation of employment in violation of IC 22-6-6-8.

(b) The complaint shall:

1. (1) be filed on a form designated by the department for that purpose;
2. (2) be complete and accurate;
3. (3) include copies of any documents that support the individual's claim; and
4. (4) be signed by the individual.

(c) A complaint must be filed within ninety (90) days of the date of the alleged violation. For purposes of this section, the violation occurs at the time an individual is required to:

1. (1) become or remain a member of a labor organization;
2. (2) pay or continue to pay dues, fee, assessments, or other charges of any kind or amount to a labor organization; or
3. (3) pay or continue to pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization;

as a condition of employment or continuation of employment in violation of IC 22-6-6-8.

(d) This section does not prohibit a person from honoring a dues check-off agreement voluntarily executed by an employee.

(Department of Labor; 610 IAC 11-1-3; filed Aug 3, 2012, 1:38 p.m.: 20120829-IR-610120190FRA, eff Sep 12, 2012; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)