« Courts - SCOTUS Monday: "Challenges to the government’s authority to regulate the emission of greenhouse gases from industrial facilities" | Main | Ind. Gov't - "Intrigue is rampant behind the curtain of HJR-3 debate" »

Sunday, February 23, 2014

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

Following up on his Dec. 19, 2013 story, Dan Carden of the NWI Times on Friday evening reports in a new story headed "Union asks Supreme Court to affirm right-to-work law is unconstitutional."

In Dec. 2013 AG Zoller had filed an appeal of the Lake County trial court ruling holding parts of the 2012 right-to-work law unconstitutional. Earlier this month, the union filed its reply. Carden's story links to all the documents. Some quotes from the story:

The International Union of Operating Engineers, Local 150, is urging the Indiana Supreme Court to uphold Lake Superior Judge John Sedia's ruling that portions of the state's 2012 right-to-work law are 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.

In its 52-page written argument submitted Feb. 14 to the high court, the union said Sedia got it exactly right and asked the Supreme Court to restore the union's ability to charge "fair share" fees to nonmembers for union services they receive.

"Provided unions could collect fair share fees, the statute would not force unions to perform their particular services — representational services — entirely for free," said union attorney Dale Pierson. "If unions are not forced to perform services for free, then the statute would no longer violate ... the Indiana Constitution."

Republican Attorney General Greg Zoeller submitted his argument in December defending the law to the Supreme Court. He claimed the right-to-work law should be restored because it's not the state compelling exclusive-agency unions to provide bargaining services to nonmembers.

"The right-to-work law imposes no demands on unions," Zoeller said. "It merely gives employees in Indiana the choice whether to join a union (or otherwise pay dues) — a choice that is specifically authorized by federal law." * * *

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

Posted by Marcia Oddi on February 23, 2014 11:52 AM
Posted to Ind. Trial Ct. Decisions