ILNews

State appeals ruling against right-to-work law

Back to TopCommentsE-mailPrintBookmark and Share

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT