Right-to-work Law Loses Lake County Ruling
September 10, 2013 — A Lake County judge says Indiana’s right-to-work law is unconstitutional.
Judge John Sedia issued that ruling on a case, Sweeney v. Zoeller, that had challenged the law on five counts.
In the ruling released yesterday, Sedia found that the law was unconstitutional on one count because it would force labor unions to provide service to individual employees without compensation. He ruled that law causes “a criminal offense for a union to receive just compensation for particular services that federal law demands it provide to employees.”
Attorney General Greg Zoeller’s office notes that Judge Sedia stayed his own ruling, “The court’s order states: ‘The grant of any relief under the terms of this Order is stayed pending the perfection of an appeal by any party, and, if an appeal is so perfected, during the pendency of that appeal.’ That indicates that the status quo will remain in effect while the case is being appealed.”
The Indiana Attorney General’s Office Public Information Officer Bryan Corbin says, “The State will take an immediate appeal to the Indiana Supreme Court of this declaratory judgment which we contend is incorrect, in light of the fact the same court granted the State’s motion to dismiss on four other counts. The Indiana Attorney General’s Office will aggressively defend the authority of the people’s elected representatives in the Legislature as we successfully defended this same statute from the same plaintiff who challenged it in federal court.”
Click to see Judge Sedia’s ruling in Sweeney v. Zoeller, involving James Sweeney, David Fagan, Charles Severs, James Oliver, Bryan Schofield, Earl Click, Jr. and International Union of Operating Engineers Local 150 AFL-CIO.