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COA to hear right-to-work case at IU Maurer

March 1, 2017

A panel of the Indiana Court of Appeals will hold oral arguments in a case involving Indiana’s controversial right-to-work law at the Indiana University Maurer School of Law this week.

The panel of Judges Edward Najam, Melissa May and Cale Bradford will hear the case of Warner, et al. v. Chauffeurs, Teamsters & Helpers Local Union No. 414, 02A04-1608-PL-02017, at the Bloomington school Friday. The case stems for a collective-bargaining agreement which made membership in Chauffeurs, Teamsters & Helpers Local Union No. 414 a condition of employment with Speedway Redi Mix Inc., a concrete production company.

Plaintiffs were SRM truck drivers when they resigned from their jobs and union memberships to transfer to another company, Speedway Construction Products Corp. After the union filed unfair labor practice complaints, the drivers were required to return to SRM and continue to pay union dues.

In 2015, John Warner and the other drivers filed suit, alleging that the union was receiving their dues in violation of the state’s right-to-work law, while Warner individually filed a complaint with the National Labor Relations Board. The NLRB and trial court dismissed both claims, and the drivers now contend on appeal that they were not required to prove the existence of a union security clause in order to maintain their cause of action. Further, they are arguing that federal law contains exceptions for state-enacted right-to-work laws.

The arguments will begin at 11 a.m. Friday in the IU Maurer Moot Court Room, 211 S. Indiana Ave., Bloomington.
 

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