IBJNews

Indiana: Right-to-work lawsuit can't be amended

Back to TopCommentsE-mailPrintBookmark and Share

State attorneys asked a federal judge Tuesday to bar a union from amending its lawsuit challenging Indiana's new right-to-work law, arguing that most of the new claims are the same as those in the original complaint filed in February.

Indiana Attorney General Greg Zoeller argued that the International Union of Operating Engineers Local 150's request was futile and "fails to state a claim on which relief may be granted." A message left with the union's attorney seeking comment wasn't immediately returned.

Gov. Mitch Daniels signed the right-to-work law on Feb. 1, making Indiana the 23rd state to ban unions from collecting mandatory fees from employees. The union, which has about 4,000 members in northwest Indiana, filed a lawsuit Feb. 22 challenging the law, calling it unconstitutional.

Zoeller said the union's only new arguments are that the right-to-work law violates the 13th Amendment, which outlawed slavery and involuntary servitude, and a challenge to the definition of the word "employee" found in an emergency rule.

He argued that requiring dues-paying union members to work alongside non-union personnel "is compulsory service and/or involuntary servitude within the meaning of the 13th Amendment." The state also noted that people have the right to work elsewhere or not to work at all.

The state also contends that the union's argument over the definition of an employee in an emergency rule expires on June 13, and that there is a good chance by the time a court rules on the matter that the rule would no longer be in effect.

The state's motion also argued that Zoeller and Daniels, who were both named as defendants, should be immune from the lawsuit.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. How much you wanna bet, that 70% of the jobs created there (after construction) are minimum wage? And Harvey is correct, the vast majority of residents in this project will drive to their jobs, and to think otherwise, is like Harvey says, a pipe dream. Someone working at a restaurant or retail store will not be able to afford living there. What ever happened to people who wanted to build buildings, paying for it themselves? Not a fan of these tax deals.

  2. Uh, no GeorgeP. The project is supposed to bring on 1,000 jobs and those people along with the people that will be living in the new residential will be driving to their jobs. The walkable stuff is a pipe dream. Besides, walkable is defined as having all daily necessities within 1/2 mile. That's not the case here. Never will be.

  3. Brad is on to something there. The merger of the Formula E and IndyCar Series would give IndyCar access to International markets and Formula E access the Indianapolis 500, not to mention some other events in the USA. Maybe after 2016 but before the new Dallara is rolled out for 2018. This give IndyCar two more seasons to run the DW12 and Formula E to get charged up, pun intended. Then shock the racing world, pun intended, but making the 101st Indianapolis 500 a stellar, groundbreaking event: The first all-electric Indy 500, and use that platform to promote the future of the sport.

  4. No, HarveyF, the exact opposite. Greater density and closeness to retail and everyday necessities reduces traffic. When one has to drive miles for necessities, all those cars are on the roads for many miles. When reasonable density is built, low rise in this case, in the middle of a thriving retail area, one has to drive far less, actually reducing the number of cars on the road.

  5. The Indy Star announced today the appointment of a new Beverage Reporter! So instead of insightful reports on Indy pro sports and Indiana college teams, you now get to read stories about the 432nd new brewery open or some obscure Hoosier winery winning a county fair blue ribbon. Yep, that's the coverage we Star readers crave. Not.

ADVERTISEMENT