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Union sues over right-to-work law

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A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.

The International Union of Operating Engineers, Local 150, AFL-CIO; and representatives and members of the union filed the suit Wednesday in federal court in Hammond.

Daniels signed the legislation into law Feb. 1. Section 8 of the law says that a person doesn’t have to join a union or pay dues or fees to a union as a condition of employment. The law, Indiana Code 22-6-6, took effect immediately for the building and construction industry, and the law applied to written or oral contracts entered into, modified or extended after March 14, 2012, in other areas.

Local 150 had and still has collective bargaining agreements in effect with building and construction industry employers in Indiana, according to the suit. The right-to-work law “substantially impairs the contractual relationships that Local 150 has with these building and construction industry employers,” the plaintiffs argue.

The suit alleges that the law violates equal protection under the federal and state constitutions, Article 1, Section 10 of the United States Constitution, and Article 1, sections 21 and 24 of the state constitution. The plaintiffs challenge the portion of the law that institutes criminal penalties for violating Section 8.

The plaintiffs want the court to declare that the right-to-work law is invalid in its entirety and prevent the state from enforcing the law.

Indiana Attorney General Greg Zoeller, who is named as a defendant in the suit, said in a release shortly after the case was filed that the office will “diligently” defend the law, as is the office’s duty.

“Legal challenges are part of the process to test whether laws are constitutional. Though we respect the right of private plaintiffs to disagree with this new law, the state’s position is that the Legislature was within its authority to create a new policy concerning mandatory union dues,” he said.

 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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