BREAKING Indiana Judge Rules Right-To-Work Unconstitutional

[G_j]

http://m.dailykos.com/story/2013/09/10/1237806/-BREAKING-Indiana-Judge-Rules-Right-To-Work-Unconstitutional?detail=facebook

by zenbassoon Sep 10, 2013 8:25am PDT

A Lake County Judge has ruled Indiana's Right-To-Work Law Unconstitutional.

This is unbelievably huge news and a victory for Labor.

Judge John Sedia ruled the law unconstitutional last week because the state constitution calls for just compensation for services, according to an order. The ruling stems from a lawsuit filed in February 2013 on behalf of members of the International Union of Operating Engineers Local 150 AFL-CIO, who argued the law violated the constitution.
Here's the legal conflict: The so-called "right to work" law makes it a criminal offense for unions to receive compensation for services federal law requires them to provide to workers even if they are not dues paying members.

HOWEVER, the Indiana Constitution mandates that no one's services can be demanded without just compensation.

The Indiana Attorney General's office has said they will appeal directly to the Indiana Supreme Court, calling the judgement incorrect because Judge Sedia dismissed four other counts in the suit.

All eyes are now on the Indiana Supreme Court. If successful, this could mean the first step in tearing down the "right to work" laws all over the country.

[onehandle]

1. SCOTUS will make Right-To-Work a Sacrament .

What are we going to do about this SCOTUS?

[JDPriestly]

7. This will be decided by the Supreme Court of Indiana because the issue involves

interpretation of the Indiana Constitution, not the US Constitution. Of course, Indiana could argue that the Indiana Constitution violates the US Constitution, but I don't know enough about the case to have an opinion as to whether that might be a good argument. Offhand, I think the Indiana Supreme Court will decide this case.

[pintobean]

2. Awesome!

[surrealAmerican]

3. How good a chance does the appeal stand?

Do any of you Indiana DUers know?

[NuclearDem]

4. The Supreme Court is a crapshoot.

The best chance it has is to go federal. The circuit court in Chicago reliably tends to smack Indiana hard on these things.

[HockeyMom]

5. Misnomer

It should be called right to be fired, no questions asked.

[Liberal Veteran]

9. Not so. What you are referring to is "at-will employment".

That is a common misunderstanding.

At-will employment allows the employer (and supposedly the employee) to terminate the employment without cause.

Right to work is a union weakening measure that allows freeloaders to avoid joining a union (or paying dues) while simultaneously getting all the benefits of union membership.

[RainDog]

6. k&r n/t

[mountain grammy]

8. A big step for unions, let's hope it holds up.

[Wilms]

10. ^

[grahamhgreen]

11. How bout someone address the nation on this?

[malaise]

12. Fabulous - this is a huge victory

Rec

[Lee-Lee]

13. Great Indiana just moved up a little on my short list of possible places to move

I have about had it here with NC- hell, even our Democrats trample all over unions here.