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Thursday, December 19, 2013

Ind. Decisions - More on "Lake Co. judge rules Indiana's right-to-work law unconstitutional "

Updating this Sept. 9th ILB entry, Dan Carden reports today in the NWI Times:

INDIANAPOLIS | The Indiana Supreme Court has begun receiving written arguments over whether Lake Superior Judge John Sedia correctly ruled the state's 2012 right-to-work law unconstitutional.

Sedia declared Sept. 5 that because federal law requires unions provide certain bargaining and grievance services to all employees at a unionized workplace, forcing unions to give nonmembers those services free — as mandated by the right-to-work law — violates the Indiana Constitution's guarantee of compensation for services.

On Friday, Republican Attorney General Greg Zoeller submitted a 61-page filing to the state's high court, claiming the right-to-work law should be restored because it's not the state compelling exclusive-agency unions to provide bargaining services to nonmembers. * * *

Sedia's order finding the right-to-work law unconstitutional is suspended while his decision is under appeal. The Indiana Supreme Court directly reviews all judicial declarations of unconstitutional laws.

Attorneys representing the plaintiff, the Merrillville-based International Union of Operating Engineers Local 150, must submit their response to Zoeller's filing by Feb. 12.

The Times' story includes links to both the AG's brief, and to the Lake County Superior Court ruling.

The Indianapolis Star also had a story today.

Posted by Marcia Oddi on December 19, 2013 08:59 AM
Posted to Ind. Trial Ct. Decisions