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Union sues over right-to-work law

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A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.

The International Union of Operating Engineers, Local 150, AFL-CIO; and representatives and members of the union filed the suit Wednesday in federal court in Hammond.

Daniels signed the legislation into law Feb. 1. Section 8 of the law says that a person doesn’t have to join a union or pay dues or fees to a union as a condition of employment. The law, Indiana Code 22-6-6, took effect immediately for the building and construction industry, and the law applied to written or oral contracts entered into, modified or extended after March 14, 2012, in other areas.

Local 150 had and still has collective bargaining agreements in effect with building and construction industry employers in Indiana, according to the suit. The right-to-work law “substantially impairs the contractual relationships that Local 150 has with these building and construction industry employers,” the plaintiffs argue.

The suit alleges that the law violates equal protection under the federal and state constitutions, Article 1, Section 10 of the United States Constitution, and Article 1, sections 21 and 24 of the state constitution. The plaintiffs challenge the portion of the law that institutes criminal penalties for violating Section 8.

The plaintiffs want the court to declare that the right-to-work law is invalid in its entirety and prevent the state from enforcing the law.

Indiana Attorney General Greg Zoeller, who is named as a defendant in the suit, said in a release shortly after the case was filed that the office will “diligently” defend the law, as is the office’s duty.

“Legal challenges are part of the process to test whether laws are constitutional. Though we respect the right of private plaintiffs to disagree with this new law, the state’s position is that the Legislature was within its authority to create a new policy concerning mandatory union dues,” he said.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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