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Lake County judge: RTW suit may proceed

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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.

 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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