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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. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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