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Unions Sue over Right to Work

A while back, I reported that labor was looking at filing a lawsuit to block Right to Work.  Well, they did.

In a news release put out late Wednesday afternoon, the International Union of Operating Engineers Local 150 filed suit in federal court claiming RTW violates for the state and federal constitutions. The are seeking a temporary restraining order.

RTW prohibits an employee from being forced to pay union fees as a condition of employment.

In their release, the unions make the following arguments…

  •    RTW violates the “Contracts Clause” of the U.S. Constitution’s Article 1 in that it substantially impairs contractual relationships by forbidding longstanding union security clauses and payment of fees in exchange for representation.
  •  RTW violates the 14th Amendment to the U.S. Constitution’s “Equal Protection” clause by treating similar classes of workers differently.
  • By allowing workers to opt out of paying dues, dues paying members would bear the entire cost of providing representation, and a smaller amount of their payment would be available for use representing them.
  • By forbidding public works employees from opting out of membership or payment of dues or fees, the State of Indiana requires those workers to bear an increased burden of paying for services rendered to workers given the option not to pay dues or fees.
  • By allowing Local 150 to charge fees to construction workers but not workers in other industries, the State of Indiana fails to provide equal protection.
  •  RTW violates Article 1, Section 21 of Indiana’s Constitution, which states that “no person’s particular services shall be taken by law without just compensation.” By forcing unions to provide equal representation, as required under the National Labor Relations Act, to workers who pay nothing, the state is demanding services which constitute a property interest to the union’s members.
  •   RTW is pre-empted by federal labor law insofar as federal law allows unions to collect fees and that activity protected by the National Labor Relations Act is criminalized under RTW.
  •   RTW violates state and federal ex post facto laws by declaring agreements in place on the day RTW was signed illegal and criminally punishable.

The Indiana Attorney General’s Office issued the following statement regarding the suit.

“Legal challenges are part of the process to test whether laws are constitutional. Though we respect the right of private plaintiffs to disagree with this new law, the State’s position is that the Legislature was within its authority to create a new policy concerning mandatory union dues. My office’s duty is to defend the laws the Legislature passes and we will do so diligently here.

  • Indy4U2C

    I understand it, TA.  -And I await your response to my prior demand that you produce a single example of someone in a Union shop who is NOT a Union member and doesn’t suffer from “accidents” resulting in injury, vandalism to their car, or violence?  

    If TA understood reality, or read some current events, he’d know…..instead, TA just keeps the propaganda flowing.

  • Indy4U2C

    Ramon:  The LA Times reports that For seven years, the Los Angeles Unified School District has paid Matthew Kim a teaching salary of up to $68,000 per year, plus benefits.
    His job is to do nothing.
    Every school day, Kim’s shift begins at 7:50 a.m., with 30 minutes for lunch, and ends when the bell at his old campus rings at 3:20 p.m. He is to take off all breaks, school vacations and holidays, per a district agreement with the TEACHER’S UNION. At no time is he to be given any work by the district or show up at school.

  • Ramon

    I am not on the payroll 24 hours per day…and besides, it is none of your business…cash your unemployment check, buy your lottery tickets and cigarettes and be happy.

  • Ramon

    I dont understand your preoccupation with kneecaps.  Is this some sort of weird fetish?

  • Scooter

    Ohhhh.. caught the teacher websurfing while on the clock…. and oh man, is he defensive about it.

    What about the children…. ?

  • Clutch Cargo

    My dearest TA/ RAMon,Back in my day, we used to affectionately call gents like you and Ramon (emphasis on MOAN) as POP. That was an acronym for Proctologicaly Omniscient Pricks. Yeah! I know that the word Proctologicaly is made up butt, it fits you SO well. So, once we hear a POP, and know you have your heads out of your “collective” arses–we might listen to you.

  • Clutch Cargo

    Before you can screech about grammar. I’d like to point out ; that , unlike you, I don’t blame my grammar parents or, parents for your shortcomings–like you do.

  • Indy4U2C

    Perhaps if you understood the true history of Unions and what really happens…the violence or “accidents” that comes to any person who won’t pay…..

    -or, in some cases, is a non-union worker in a UNION shop.

    Broken kneecaps are a part of that history, Ramon. 

    Oh, BTW, what you got to say about the seven years that the Los Angeles Unified School District paid Matthew Kim a teaching salary of up to $68,000 per year, plus benefits thanks to a teachers UNION????????

    Do you have a like “job” by virtue of your UNION? Is that what you refer to as “earn” and “work hard” that you do?
    Kim’s Union contract requires that he is TO DO NOTHING, per UNION contract.  The TEACHER’S UNION contract. At no time is he to be given any work by the district or show up at school.