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Judge dismisses federal right-to-work challenge

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A U.S. District judge has dismissed a lawsuit filed in Hammond by a labor union challenging the state’s right-to-work law for failure to state a claim upon which relief can be granted. Chief Judge Philip P. Simon in the Northern District of Indiana did allow two counts claiming the law violates the Indiana Constitution to proceed in state court.

Simon handed down his ruling Thursday in James M. Sweeney, et al. v. Mitch Daniels, et al., 2:12-CV-PPS/PRC, the suit filed by the Local 150 of the International Union of Operating Engineers and several of its officers and members after Gov. Mitch Daniels signed the right-to-work legislation into law Feb. 1, 2012.

The law prevents forced union membership and union security clauses.

The lawsuit challenges the new law under the Contracts Clause, Ex Post Facto Clause and Equal Protection Clause of the U.S. Constitution, and preemption claims, and alleges the law violates the state constitution.

Simon found that Section 3 – which says nothing in the law changes or effects “any law concerning” collective bargaining in the building and construction industry other than a law that allows agreements requiring union member or payments of dues to a union or substitute payments to charities – is not a substantive provision and not retroactive.

“Because there exists a plausible public policy reason for enacting the Right to Work statute based on economic theories which the legislators may have believed to be true, and the relationship of that rationale to the legislation is not arbitrary or irrational, the Equal Protection challenge fails,” he wrote.

Simon found the union’s preemption challenges to the law and the Emergency Rule all run “headlong” into Retail Clerks Int’l Ass’n, Local 1625 v. Schermerhorn, 375  U.S. 96, 102 (1963) (Retail Clerks II), and should be dismissed.

Counts 8 and 9, which claim the right-to-work law violates various provisions of the Indiana Constitution, were dismissed without prejudice to allow them to proceed in state court.

“For better or worse, the political branches of government make policy judgments. The electorate can ultimately decide whether those judgments are sound, wise and constitute good governance, and then can express their opinions at the polls and by other means. But those are questions beyond the reach of the federal court, which instead is limited to analysis of particular legal arguments that the challenged legislation runs afoul of preemptive federal labor law or the U.S. Constitution. None of the legal challenges launched by the Union here to attack Indiana’s new Right to Work law can succeed,” Simon summarized.

Indiana Attorney General Greg Zoeller released a statement Thursday after the ruling, saying, “The federal court’s decision supports the legal authority and policy decisions of the people’s elected representatives in the Legislature, and we appreciate the court’s thorough analysis. My office will continue to defend the statute from legal challenge or appeal in any future court action.”

In October 2012, Lake Circuit Judge George Paras allowed a challenge to the law filed in state court to proceed. That case, United Steel v. Lori Torres, et al., 45C01-1207-PL-71, has a status hearing set for Jan. 29.  

 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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