ILNews

Lake County judge: RTW suit may proceed

Back to TopCommentsE-mailPrintBookmark and Share

A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.

Lake Circuit Judge George Paras wrote Tuesday, “it cannot categorically be said at this time” that the measure signed into law in February doesn’t violate the Indiana Constitution.

The Steelworkers’ suit says the law’s requirement that unions provide services to workers they represent even if workers don't pay union dues conflicts with Article 1, Section 21: “No person’s particular services shall be demanded, without just compensation.”

In a statement, USW District 7 director Jim Robinson hailed the ruling in United Steelworkers, et al. v. Mitch Daniels, et al., 45D01-1203-PL-19. “We are pleased by this decision and look forward to seeing this unjust law, which is bad for Hoosier workers and does not represent our Midwestern value of accepting personal responsibility, be struck down by the courts.”

Another suit in northwestern Indiana challenges right-to-work is a violation of the U.S. Constitution, and the state’s motion to dismiss remains before Chief Judge Phillip Simon in U.S. District Court for the Northern District of Indiana in Hammond. That case is Sweeney, et al. v. Daniels, et al., 2:12-cv-00081.

In Paras’ decision, he dismissed Gov. Mitch Daniels as a defendant. “The state contended the Governor is entitled to absolute legislative immunity regarding enactment of the legislation, so we are pleased that the Court has agreed,” said Bryan Corbin, a spokesman for Indiana Attorney General Greg Zoeller. “The State’s position continues to be that the statute is constitutional, and now we can pursue additional avenues for upholding the law’s constitutionality.

“The next immediate step will be to prepare and file an answer as to remaining claims. We assume the court will set a scheduling conference in the future,” Corbin said.

 

ADVERTISEMENT

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

ADVERTISEMENT