ILNews

State appeals ruling against right-to-work law

Back to TopCommentsE-mailPrint

Attorney General Greg Zoeller announced Wednesday the state has asked the Indiana Supreme Court to reverse a Lake County judge’s order invalidating the right-to-work law that bans compulsory union dues.

Lake Superior Judge John Sedia ruled in September that the 2012 law that a year earlier prompted a lengthy walkout of Democratic lawmakers violated the Indiana Constitution’s ban on demanding services without just compensation.

Zoeller filed the appeal Wednesday on behalf of the Indiana Department of Labor and other state interests. The appeal argues that the law doesn’t demand particular services requiring just compensation and that the law safeguards worker rights, among other claims.

“New laws passed by legislators are presumed to be constitutional, and here the people’s elected representatives in the Indiana General Assembly made a public policy decision that should be respected, even as we respect the important role of organized labor in Indiana’s economy,” Zoeller said in a statement.

“We don’t begrudge the right of plaintiffs to challenge a statute but my office has a duty to defend that statute and argue that the lower court’s ruling should be reversed,” he said.

ADVERTISEMENT

  • social justice
    I'm a registered member of the republican party and I fully support the right of organized labor to operate union shop style in our state and I'm totally opposed to the RTW legislation that undermines social justice. As the Pope said over 100 years ago in Rerum Novarum: "... some opportune remedy must be found quickly for the misery and wretchedness pressing so unjustly on the majority of the working class: for the ancient workingmen's guilds were abolished in the last century, and no other protective organization took their place. Public institutions and the laws set aside the ancient religion. Hence, by degrees it has come to pass that working men have been surrendered, isolated and helpless, to the hardheartedness of employers and the greed of unchecked competition. The mischief has been increased by rapacious usury, which, although more than once condemned by the Church, is nevertheless, under a different guise, but with like injustice, still practiced by covetous and grasping men. To this must be added that the hiring of labor and the conduct of trade are concentrated in the hands of comparatively few; so that a small number of very rich men have been able to lay upon the teeming masses of the laboring poor a yoke little better than that of slavery itself."
  • Work without just compensation
    The union side argues the law is invalid as a violation of the Indiana Constitution for being "work without just compensation." But then then union argues that the employee should be required to pay out of their compensation union dues which the employee would rather not pay. So . . . which side is taking the compensation away? Sounds to me like forcing someone to pay dues to an organization they'd rather not belong to is the taking of the just compensation. Basically, you can't work here unless you agree to lower compensation by paying our union dues. Unions had a place in the world . . . but times change . . . let's just say "thank you" to the unions, disband and move on.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT