Lake Co. judge rules state’s right to work law unconstitutional

[silvershadow]

Source: Fox 59

LAKE COUNTY – A Lake County judge ruled Indiana’s right to work law unconstitutional.

The lawsuit was filed by the International Union of Operating Engineers Local 150. The union claimed the law violated Article 1, Section 21 of the state’s Constitution, which says “no person’s particular services shall be demanded without just compensation.”

Local 150 argued the right to work law is unconstitutional because it makes it illegal for unions to collect fees for services they are federal required to provide.

In the decision. Judge John M. Sedia of Lake Superior Court said the law makes it “a criminal offense for a union to receive just compensation for particular services federal law demands it provide to employees.” Sedia concluded that, “the Court therefore has no choice but to find that [the laws] violate Article 1, Section 21 of the Indiana Constitution.”



Read more: http://fox59.com/2013/09/09/lake-co-judge-rules-states-right-to-work-law-unconstitutional/#ixzz2eRAn04QM

Read more: http://fox59.com/2013/09/09/lake-co-judge-rules-states-right-to-work-law-unconstitutional/#axzz2eQBT08gi

[Wait Wut]

1. Dear Mr. Judge Dude...

...please move to Arizona. I'll give you a dollar and some cookies.

[silvershadow]

2. This does my heart good. Even better, Gov. Pence is in Japan on a business trip. LOL nt

[Warpy]

5. I wish that would spread

but it might just be a peculiarity in the Indiana state constitution that allowed this ruling.

In any case, it's good to see one state back off from being Right to Starve.

[caraher]

27. We'll see whether this holds up

I don't know the state Supreme Court well enough to know whether this ruling has a fighting chance of surviving. I'm not celebrating yet!

[LiberalFighter]

34. I would think there would be a way for this to be applied in every RTW state

regardless of their constitution.

The basic premise of the challenge is that a person or business cannot be forced to provide services without compensation.

[elleng]

13. THANKS, Wait!

Needed this!

[FreakinDJ]

3. Tea Farty Heads exploding in 3, 2, ..

[silvershadow]

4. Yeah, the comments are already starting (on the news site). nt

[Contrary1]

18. Commenting has been disabled...

I wonder why.

[Starry Messenger]

6. Good.

[jberryhill]

7. Ah, the clue is in the last sentence

There is a "Lake County" in:

Florida
Illinois
Ohio
California
Minnesota
Colorado
Michigan
Oregon

and...... Indiana

[Scuba]

15. You hate that too huh?

"In Springfield today ..."

[jberryhill]

16. drives me nuts here

[silvershadow]

17. Well ok, but it was mentioned in the first sentence. ;)

[jberryhill]

20. I don't have time to read War and Peace to puzzle these things out

[silvershadow]

33. It was literally the 5th word or so. nt

[jberryhill]

36. Like a needle in a haystack

[silvershadow]

37. No, right there in the first words on the post. It says right there, Indiana. nt

[jberryhill]

38. Right next to Waldo

I can never find Waldo either

[rurallib]

24. thank you for pointing that out.

drives me crazy

[OverBurn]

8. Awesome, hope this catches on nationwide!

[DissidentVoice]

9. Good luck on this one

I was born and raised in Indiana until we got the hell out for Michigan in 2007.

Indiana is, outside the major urban centres (Indy, South Bend/Mishawaka/Elkhart/Goshen, Fort Wayne, Gary/Hammond) and university towns (Lafayette and especially Bloomington, which feels like a foreign enclave!), RW central. People there almost robotically vote Republican (yes, I know about Evan Bayh; DLC Democrats don't count) because "their daddy and granddaddy did."

The place is as hostile to workers' rights and especially unions (you can be fired for even mentioning the word "union" - seen it) as anywhere in the Deep South.

I'll be very surprised if the Lake County judge's ruling is upheld.

[BlueEye]

22. I'm terribly sorry

Having to live under Rick Snyder must be awful! I know things weren't so bleak when Granholm was in office.

[DissidentVoice]

26. It's no picnic

However, I think not a few Michiganders are feeling some "buyer's remorse."

They were so down on Jennifer Granholm by the end of her second term because she couldn't walk on water or part the Red Sea that they voted in the "tough nerd," Rick Snyder. I don't think Jenny was perfect, but she was a hell of a lot better than people gave her credit for. I liked it when she was on the late, lamented CurrentTV. She sat in for Sarah Palin ( ) during Joe Biden's practice debating in '08. The VP said, "this is one tough, smart lady...underestimate her at your peril!" If only she could run for President...

Now, since Snyder's pushed through right-to-work (especially), people are starting to see that he really is a tool of the far right, unlike he said he wouldn't be.

I'm more concerned about our next Senate race. Carl Levin is retiring, and it's a tossup as to whether Debbie Stabenow is reelected.

[Shrike47]

10. So a union is a person?

Interesting.

[Proud Liberal Dem]

11. As much as a corporation is (per SCOTUS)

[LiberalFighter]

35. The people working for the union are providing the services.

[Igel]

12. Oy. That's a binding violation.

Condition A.

Do we even still have Binding Theory? It's been a while since I read up on it. Never liked Move-alpha. Never took to Minimalism or (shudder) Residue theory.

[blackspade]

14. That's awesome!

Suck it GOP.

[Brigid]

19. Interesting.

I hope the Indiana Supreme Court upholds this ruling.

[INdemo]

21. Remember the State Court of appeals is filed with Repukes

So no chance of this thing getting legs in Indiana. Republicans will find a way to make this Judge's ruling irrelevant.

If the Devil ran for governor on the Republican ticket in Indiana he would win

[silvershadow]

23. I'm not sure he didn't. nt

[mtasselin]

25. Good Luck

Good Luck, but these bastards will change the Constitution just to get what they want.

[caraher]

28. Good point

They may even bump that ahead of banning gay marriage even more forcefully than they already have on the Republican to-do list. But my guess is they won't even have to do that; the state Supreme Court will probably reverse the ruling (why? Because this is Indiana...)

[Fantastic Anarchist]

29. Fantastic!

[krispos42]

30. My dad was in the IUOE for 30 years

Go union!

[Myrina]

31. Bothersome: “a criminal offense for a union ... services federal law demands it provides"

Sounds to me like a roundabout for the Koch's to eliminate either the Federal Reg and /or the Union, ultimately.

[livingwagenow]

32. My happy middle finger to every Tealiban Klan member, AKA the entire Rethug Party. knr nt