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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

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