ILNews

Lake County judge strikes down provision in Indiana’s right-to-work law

Marilyn Odendahl
September 10, 2013
Back to TopCommentsE-mailPrintBookmark and Share

In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.

Sedia dismissed four counts of the original complaint brought by the International Union of Operating Engineers, Local 150, and other plaintiffs. After an in-depth examination of state law, federal law, court precedent and the Indiana Constitution, however, he held that the section of the right-to-work law which requires unions to provide services at no cost to non-union employees to be unconstitutional.

“There is no Court which is more loathe to declare any state statute unconstitutional than this one,” Sedia wrote in his order issued Sept. 5. “(Indiana Code) 22-6-6-8 and IC 22-6-6-10 stand clothed with the presumption of constitutionality. Debate regarding the wisdom or folly of this statute (about which the Court has purposely avoided using its title) lies in the political arena, not with the courts.”

Sedia entered a declaratory judgment that IC 22-6-6-8, which prohibits an individual from being required to join a labor organization and pay dues, fees or other charges, and IC 22-6-6-10, which makes forcing employees to pay union dues a Class A misdemeanor, violate Article I, Section 21 of the Indiana Constitution.

The Indiana Attorney General’s office, calling Sedia’s ruling incorrect, stated that it immediately would file an appeal to the Indiana Supreme Court.

Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller, said the Zoeller “will aggressively defend the authority of the people’s elected representatives in the Legislature as we successfully defended this same statute from the same plaintiff who challenged it in federal court,”  

Democratic leaders in the Indiana House of Representatives and Indiana Senate hailed the ruling as another example of failure for the right-to-work law.

“But finally, one branch of government made sense,” House Democratic Leader Scott Pelath of Michigan City said in a statement. “Hoosiers’ middle class wages lag badly behind other Americans and one judge believes our law is not just for those with money and power.”

The law sparked fierce debates in the Indiana Statehouse during the 2011 and 2012 legislative sessions. Democrats opposed the measure, staging walkouts to prevent a vote, but Republicans were able to pass the bill which former Gov. Mitch Daniels signed.

The first count of the plaintiffs’ complaint alleged the right-to-work provision that compels Local 150 to provide a particular service to the employees it represents without receiving any pay violated Article I, Section 21 of the Indiana Constitution. That section of the state constitution holds that “No person’s particular services shall be demanded without just compensation.”

Sedia pointed to Bayh v. Sonnenburg, 573 N.E. 2d 398 (Ind. 1991), for a definition of what constitutes a “demand.” Here the Indiana Justices found that “a request becomes a demand when it is backed up with the use or threatened use of physical force or legal process which creates in the citizen a reasonable belief that he is not free to refuse the request.”

He also highlighted the federal labor law which mandates unions provide services such as processing grievances and negotiating contracts on behalf of members and non-members alike.

Sedia concluded IC 22-6-6-8 and IC 22-6-6-10 criminalizes the act of a union being paid for the services the federal law demands it provides to employees.

 “…the effect of IC 22-6-6-8 and IC 22-6-6-10 under the current, long-standing federal labor law, is to demand particular services without just compensation,” he wrote. “The Court therefore has no choice but to find that IC 22-6-6-8 and IC 22-6-6-10 violate Article I, Section 21 of the Indiana Constitution.”

The five-count complaint challenging the right-to-work law on constitutional grounds was filed in Lake County on Feb. 11, 2013. Sedia dismissed the other counts, finding, under the Indiana Constitution, the right to work law did not deprive Local 150 members of equal protection, did not infringe on Local 150’s free speech rights and is not an ex post facto law.
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT