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Monday, September 12, 2011
Ind. Courts - Lawsuit filed challenging a labor provision of this year's budget bill on constitutional grounds
On August 31, AFSCME Council 62 filed a lawsuit challenging two chapters of the budget and appropriations bill (HEA 1001) passed this year. According to a release:
These two chapters make significant changes to State labor policy affecting labor organizations which represent State workers. The case has been assigned to Superior Court #1.The case is AFSCME v. Daniels. Here is the 9-page complaint. It begins:
1. This is a lawsuit for declaratory and preliminary and permanent injunctive relief challenging the constitutionality of certain provisions of House Enrolled Act No. 1001, P.L. 229-2011, (hereinafter "HEA 1001"), the budget bill, which became effective July 1, 2011. HEA 1011 was passed during the 2011 regular session of the Indiana General Assembly and signed into law by Governor Mitch Daniels on April 30, 2011. The overarching purpose of HEA 1001, which consists of approximately 294 pages, is to make appropriations for the biennium beginning July 1,2011 and ending June 30, 2013.2. Included in those 294 pages is Section 57, found at pages 128 and 129, which is unrelated and not properly connected to the subject ofHEA 1001. That section, among other things, prohibits future governors from issuing executive orders reinstating procedures allowing union representational rights, granting recognition oflabor organizations representing State employees employed by the Executive department, and discussing with those labor organizations wages, hours and working conditions for State employees, rights they previously enjoyed under previous executive orders signed by former Govs. Evan Bayh, Frank O'Bannon and Joe Kernan,which remaIned in effect from 1989 until 2005 when Gov. Daniels signed Executive Order 05-14 repealing them.
3. In addition, HEA 1001 also addresses in Section 56 another unrelated matter not properly connected to the subject of HEA 1001, consisting of multiple changes to the State's civil service system, codified at I.C. ยงยง 4-15-2.2. Those changes are found at pages 116 to 128 ofHEA 1001.
Posted by Marcia Oddi on September 12, 2011 12:42 PM
Posted to Indiana Courts