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Mon Sep 9, 2013, 06:28 PM

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

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 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

38 replies, 4686 views

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Arrow 38 replies Author Time Post
Reply Lake Co. judge rules state’s right to work law unconstitutional (Original post)
silvershadow Sep 2013 OP
Wait Wut Sep 2013 #1
silvershadow Sep 2013 #2
Warpy Sep 2013 #5
caraher Sep 2013 #27
LiberalFighter Sep 2013 #34
elleng Sep 2013 #13
FreakinDJ Sep 2013 #3
silvershadow Sep 2013 #4
Contrary1 Sep 2013 #18
Starry Messenger Sep 2013 #6
jberryhill Sep 2013 #7
Scuba Sep 2013 #15
jberryhill Sep 2013 #16
silvershadow Sep 2013 #17
jberryhill Sep 2013 #20
silvershadow Sep 2013 #33
jberryhill Sep 2013 #36
silvershadow Sep 2013 #37
jberryhill Sep 2013 #38
rurallib Sep 2013 #24
OverBurn Sep 2013 #8
DissidentVoice Sep 2013 #9
BlueEye Sep 2013 #22
DissidentVoice Sep 2013 #26
Shrike47 Sep 2013 #10
Proud Liberal Dem Sep 2013 #11
LiberalFighter Sep 2013 #35
Igel Sep 2013 #12
blackspade Sep 2013 #14
Brigid Sep 2013 #19
INdemo Sep 2013 #21
silvershadow Sep 2013 #23
mtasselin Sep 2013 #25
caraher Sep 2013 #28
Fantastic Anarchist Sep 2013 #29
krispos42 Sep 2013 #30
Myrina Sep 2013 #31
livingwagenow Sep 2013 #32

Response to silvershadow (Original post)

Mon Sep 9, 2013, 06:32 PM

1. Dear Mr. Judge Dude...

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

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Response to Wait Wut (Reply #1)

Mon Sep 9, 2013, 06:36 PM

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

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Response to Wait Wut (Reply #1)

Mon Sep 9, 2013, 06:42 PM

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.

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Response to Warpy (Reply #5)

Tue Sep 10, 2013, 01:07 AM

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!

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Response to Warpy (Reply #5)

Tue Sep 10, 2013, 06:01 PM

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.

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Response to Wait Wut (Reply #1)

Mon Sep 9, 2013, 07:39 PM

13. THANKS, Wait!

Needed this!

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 06:38 PM

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

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Response to FreakinDJ (Reply #3)

Mon Sep 9, 2013, 06:38 PM

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

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Response to silvershadow (Reply #4)

Mon Sep 9, 2013, 08:19 PM

18. Commenting has been disabled...

I wonder why.

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 06:44 PM

6. Good.

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 06:52 PM

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

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Response to jberryhill (Reply #7)

Mon Sep 9, 2013, 07:47 PM

15. You hate that too huh?

"In Springfield today ..."

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Response to Scuba (Reply #15)

Mon Sep 9, 2013, 07:48 PM

16. drives me nuts here

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Response to jberryhill (Reply #7)

Mon Sep 9, 2013, 07:50 PM

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

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Response to silvershadow (Reply #17)

Mon Sep 9, 2013, 08:40 PM

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

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Response to jberryhill (Reply #20)

Tue Sep 10, 2013, 02:44 PM

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

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Response to silvershadow (Reply #33)

Tue Sep 10, 2013, 10:54 PM

36. Like a needle in a haystack

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Response to jberryhill (Reply #36)

Tue Sep 10, 2013, 10:57 PM

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

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Response to silvershadow (Reply #37)

Tue Sep 10, 2013, 11:11 PM

38. Right next to Waldo

I can never find Waldo either

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Response to jberryhill (Reply #7)

Mon Sep 9, 2013, 09:10 PM

24. thank you for pointing that out.

drives me crazy

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 06:55 PM

8. Awesome, hope this catches on nationwide!

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 07:05 PM

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.

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Response to DissidentVoice (Reply #9)

Mon Sep 9, 2013, 08:48 PM

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.

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Response to BlueEye (Reply #22)

Tue Sep 10, 2013, 12:49 AM

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.

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 07:13 PM

10. So a union is a person?

Interesting.

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Response to Shrike47 (Reply #10)

Mon Sep 9, 2013, 07:16 PM

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

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Response to Shrike47 (Reply #10)

Tue Sep 10, 2013, 06:05 PM

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

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 07:36 PM

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.

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 07:42 PM

14. That's awesome!

Suck it GOP.

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 08:34 PM

19. Interesting.

I hope the Indiana Supreme Court upholds this ruling.

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 08:40 PM

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

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Response to INdemo (Reply #21)

Mon Sep 9, 2013, 09:02 PM

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

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Response to silvershadow (Original post)

Mon Sep 9, 2013, 10:24 PM

25. Good Luck

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

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Response to mtasselin (Reply #25)

Tue Sep 10, 2013, 01:10 AM

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...)

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Response to silvershadow (Original post)

Tue Sep 10, 2013, 11:09 AM

29. Fantastic!

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Response to silvershadow (Original post)

Tue Sep 10, 2013, 12:56 PM

30. My dad was in the IUOE for 30 years

Go union!

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Response to silvershadow (Original post)

Tue Sep 10, 2013, 01:02 PM

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.

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Response to silvershadow (Original post)

Tue Sep 10, 2013, 01:49 PM

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

 

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