Unions reviewing possible legal challenges to right-to-work

By Dan Carden dan.carden@nwi.com, (317) 637-9078 | Posted: Sunday, February 12, 2012 10:00 pm

INDIANAPOLIS | Labor leaders have been quietly reviewing Indiana's new right-to-work law but are mum on whether they will go to court to try to stop the law before its main provision takes effect March 14.

"Obviously we're looking at it but we don't have plans right now," said Nancy Guyott, president of the Indiana AFL-CIO. "Our lawyers are looking at it."

The right-to-work law prohibits a company and a union from agreeing to require nonunion employees to pay fees to the union for union-provided bargaining representation and grievance services.

Nonunion employees at a union employer must continue paying union fees until their current contract expires. Contracts entered into or renewed after March 14 can no longer require the payments.

One possible avenue for a legal challenge is the Indiana Constitution's limit on legislative authority. Article 4, Section 22 of the state constitution prohibits the General Assembly from enacting "local or special laws ... relating to fees or salaries."

However, that prohibition may not apply because the fee section of the right-to-work law applies statewide.

When state Rep. Jerry Torr, R-Carmel, the sponsor of right-to-work, was told the law might be challenged in court he said, "That's nuts."

"We had a lot of good lawyers from a lot of different places all familiar with labor law look at it, and it's solid," Torr said. "I don't have any concerns whatsoever."

State Sen. Karen Tallian, D-Ogden Dunes, said a legal challenge could be brought if the Indiana law conflicts with federal labor law, but she said she hasn't researched whether that's the case.

The right-to-work law, House Enrolled Act 1001, specifically states it does not apply if it conflicts with or is pre-empted by federal law.

If labor unions decide to challenge Indiana's right-to-work law, it wouldn't be the first time.

In 1959, the International Brotherhood of Electrical Workers Local 697, now based in Merrillville, won a legal challenge against Indiana's 1957 right-to-work law.

That law did not specifically prohibit unions from collecting "fair share" fees as the 2012 law does, it only banned mandatory union membership as a condition of employment.

So when Hammond's Meade Electric Co. sued on behalf of its nonunion employees to stop fee payments to the electrical workers union, Lake Superior Court Judge Joseph Stodola Jr. ruled in favor of the union.

In a 4-0 decision, the Appellate Court of Indiana affirmed that ruling, saying if the legislature intended to prohibit contracts requiring nonunion employees pay fees for union services, it should have written that in the law.

Indiana's first right-to-work law was repealed by the General Assembly in 1965.

Right-to-work nears final passage; Dems call hearing a 'sham'

House Democrats seek right-to-work referendum

By Dan Carden dan.carden@nwi.com, (317) 637-9078 nwitimes.com | Posted: Friday, January 13, 2012 10:45 am

INDIANAPOLIS | House Democrats want Hoosier voters — not just the General Assembly — to decide if Indiana should become a right-to-work state.

Democratic Leader Patrick Bauer, D-South Bend, announced Friday that Democrats will propose amending House Bill 1001 to require a positive referendum result for right-to-work to become law.

"Since this bill was not debated in the last election and obviously won't be debated in a future election, the only way to let the people in on this is to have a referendum," Bauer said.

Statewide referendums typically are used only for voter approval of proposed constitutional amendments, though nothing appears to prohibit requiring voter approval before a measure becomes law.

House Speaker Brian Bosma, R-Indianapolis, said he generally doesn't believe legislation should be submitted to voters, but will allow the Democrats to present their referendum plan. 

"I think it's a very reasonable amendment to offer, and we indicated there would be full and fair discussion and debate," Bosma said.

The speaker could technically block the Democrats' referendum proposal under the House's "bill pending" rule, since the proposed amendment is similar to House Bill 1296, a right-to-work bill requiring a referendum. 

Bosma said he will not do that.

"If a majority feel that this should be sent to the voters to decide instead of their elected representatives, we'll abide by that," Bosma said.

Under a right-to-work law, a company and a union cannot agree to charge fees to nonunion employees for union services they receive. Right-to-work is not a guarantee of a job.

Most Republicans believe the policy will attract new businesses to Indiana, while Democrats say workers in right-to-work states earn less and receive fewer benefits.

Read more: http://www.nwitimes.com/news/state-and-regional/indiana/house-democrats-seek-right-to-work-referendum/article_b36bc205-559b-50aa-829c-640d687e5477.html#ixzz1jRio7NIA

      BREAKING: Senate passes RTW; House goes to Caucus
           by Stand Up For Hoosiers on Monday, 23 January 2012 at 19:04

Despite overwhelming opposition to the so-called "right to work" bill throughout the state, the Indiana Senate passed its version of RTW (Senate Bill 269) by a vote of 28 to 22, while House Speaker Brian Bosma continued to use strong arm tactics to force RTW down Hoosiers’ throats. Throughout the day Democratic amendments to the House version of RTW (House Bill 1001) were rejected on party lines. Even the hugely popular amendment calling for a public referendum that would allow voters decide on RTW went down to defeat. Then, moments ago, Speaker Bosma shut down the discussion on amendments cutting off further debate. In protest, House Democrats left the chamber and went to caucus.Brothers and sisters: the fight for Indiana isn't over. Not by a long shot. There are two different right to work for less bills, HB1001 and SB269. Now that one has passed the Senate, that bill goes to the House, to committee where amendments can be added, to second reading and then to a final vote. The same procedure applies to bills passed in the House, moving to the Senate through the final vote. Only if there are no changes made in the second Chamber would the bill go directly to the governor’s desk to sign. If there are changes, the bill would then go back to the house of origin where legislators would again vote to sign on or not. The fight isn't over, but there isn't much time to even the score.

The Senate chose to vote today, even though 10,000 Hoosier workers packed the Statehouse. Even though working families have been holding town hall meetings, making thousands of phone calls and signing postcards. Our voices have ensured bi-partisan opposition to right to work for less, despite GOP leadership leaning on Republican elected officials that are standing with us. And our voices are being heard by the Democratic legislators that brought up amendment after amendment to lessen the blow of a "right to work" bill - and when the amendments were denied a hearing by partisan leaders, walked out to stand with us. Wherever you are in the state, whatever you are doing, take action tomorrow. Come to the Statehouse at noon. Support those that stand with us, and remind those that would suspend democracy and wreck middle class jobs: we aren't going anywhere. Speaker Bosma, Senate President Long and Governor Daniels would like nothing more than to push the labor movement right out of Indiana. Together, we aren't going to let that happen. See you tomorrow at the Statehouse. In Solidarity, The Indiana State AFL-CIO

Democrats protest after Republicans ram right-to-work through House committee

By Dan Carden dan.carden@nwi.com, (317) 637-9078 nwitimes.com | Posted: Tuesday, January 10, 2012 4:30 pm

INDIANAPOLIS | Democrats resumed their boycott of Indiana House sessions Tuesday after the Republican-controlled labor committee approved right-to-work legislation in six minutes without public testimony, committee debate or amendments.

"Every single action they took is a flagrant violation of both the Constitution and the rules, and we cannot let that stand," said Democratic leader Pat Bauer, D-South Bend.

In addition to denying a quorum for a fourth session day out of five, Bauer also filed a protest with House Speaker Brian Bosma, R-Indianapolis, accusing the committee chairman, state Rep. Douglas Gutwein, R-Francesville, of failing to follow proper committee protocol and procedure.

Bosma said Gutwein's actions were acceptable under House rules and said as chairman, Gutwein has wide discretion to run the committee.

"He did what he felt was appropriate," Bosma said.

During the committee hearing, state Rep. David Niezgodski, D-South Bend, repeatedly asked Gutwein to permit a vote on several proposed amendments to House Bill 1001.

But rather than consider the amendments as committees typically do, Gutwein spoke over Niezgodski and ordered the committee to vote on the overall right-to-work proposal without changes.

The eight committee Republicans voted for the measure while the five Democrats voted no.

House Bill 1001 now advances to the full House, where Bosma said he'll allow Democrats to present any amendments they'd like.

Bauer said Democrats will decide on a day-by-day basis whether they will attend House sessions. Without at least seven of the 40 Democrats in attendance, the House lacks enough members to take legislative action.

Under a right-to-work law, a business that contracts with a union to require nonunion members pay fees for union services is subject to civil and criminal penalties. Many Republicans believe the policy will attract jobs to Indiana, while Democrats say right-to-work is intended to weaken unions. 

Read more: http://www.nwitimes.com/news/state-and-regional/indiana/democrats-protest-after-republicans-ram-right-to-work-through-house/article_c18a368f-453e-52bd-b642-df6e3e6a5efb.html#ixzz1j99WtB9M

Kokomo Tribune: What’s the purpose?

January 8, 2012
What’s the purpose

 THE ISSUE:Arguments in the “right-to-work” debate.

OUR VIEW:Here’s one we haven’t heard: The business community doesn’t need government telling its job creators what kinds of contracts they can negotiate with employees.

Turn on your television today, and Gov. Mitch Daniels likely will tell you why Indiana needs a “right-to-work” law. An advertisement starring the governor is in heavy rotation across the state.In the ad, Daniels says 22 states with right-to-work legislation “are adding jobs and income a lot faster than those that don’t.”

He says, “We get cut out of a third of all deals because we don’t provide workers the protection known as right to work.”The governor says Hoosiers support right to work “2 to 1,” though we doubt its popularity in Howard County.

Legislation introduced during a joint House and Senate committee meeting Friday would make it a misdemeanor crime for an employer to require workers to pay union dues as a condition of their employment. But is that reflective of the values Statehouse Republicans, conservatives and tea partiers tell us they hold so dear?

As Congress was debating whether to save Chrysler and General Motors from liquidation in 2008, economist Howard Wial of the Brookings Institution found 22 percent of Kokomo’s employment was in auto and auto-parts industries. Most are union jobs.

Add in the folks at alloy-maker Haynes International, tradesmen such as carpenters and electricians, teachers at our five public school systems, firefighters, police officers and other city workers and, well, there are a lot of union members in Howard County. Unions despise right to work. They say it’s an attack on working families.

It’s not surprising then that House Republicans representing manufacturing areas are feeling pressure from union constituents to buck GOP leaders and oppose right to work. Republican Reps. Tom Dermody of LaPorte, Ed Soliday of Valparaiso and Ron Bacon of Boonville have said publicly they will vote no on the measure.

Rep. Heath VanNatter, R-Kokomo, said Thursday he’s leaning toward supporting the bill. “But I need to see the final language,” he said. “It needs to get farther along in the process.”Rep. Mike Karickhoff, R-Kokomo, made similar statements during last year’s right-to-work debate. He and VanNatter appear to be on the fence.

If they need an old-fashioned, conservative reason to oppose right to work, if other Republicans need one – those who represent areas that provide 15.6 percent of Howard County’s work force; those with constituents in Miami, Tipton, Cass, Hamilton and Grant counties – how about this?

The business community doesn’t need government telling its job creators what kinds of contracts they can negotiate with employees.

Haynes International filed for bankruptcy in 2007. With concessions from the steelworkers union, it emerged in 2008 with a three-year, $25 million reinvestment plan, 442 employees in Kokomo and Lebanon, 798 in the United States and 900 worldwide.

Chrysler entered briefly into bankruptcy in 2009. With the help of concessions from the United Auto Workers, it was able to report Wednesday a 26.2 percent increase in sales for 2011.

Unions in Kokomo and across the state work collaboratively with management to hold down operating costs, increase profits, prepare our children for college and the workplace, and protect us from fire and crime. So what’s the purpose of right to work again?

Right-to-work is a direct attack on unions

By Ruth Needleman

Post-Tribune guest columnist

Last Modified: Jan 1, 2012 02:02AM

After listening to President Obama’s recent speech — given one century after Teddy Roosevelt had spoken in the same spot, Osawatomie, Kan. — I felt compelled to go back and read Roosevelt’s full commentary. I was struck by how relevant his analysis is to today’s reality. “The absence of effective State and, especially, national restraint upon unfair money-getting,” he stressed, has created “a small class of enormously wealthy and economically powerful men, whose chief object is to hold and increase their power.” Sound familiar?

Roosevelt argued, furthermore, that progress in society required an extension of democracy; what he described as “the struggle to equalize opportunity, destroy privilege and give to the life and citizenship of every individual the highest possible value.” He would have been outraged at the voter ID laws, like the one passed in Indiana, and any other effort to restrict democracy, such as the so-called “right-to-work” legislation.

How is right-to-work a direct attack on democracy? Democracy depends on broad participation in society and a strong collective voice for working people. Democracy describes a process, a way of governing or doing things. Anything that undermines or weakens the power of the collective people, in the name of the “individual,” and in the interests of the elite or 1 percent, narrows democracy.

Despite Republican claims that “right-to-work” legislation is not about unions but rather “freedom” for business or “freedom” for individuals to work non-union, right-to-work has one aim only, and that is to undermine and weaken unions. Once workers struggle to unite to get a union and then a contract, that contract covers the workers in that workplace. If the number of unionized workers in that workplace should decline — the goal of right-to-work, to allow employees to stay outside the union while enjoying its benefits — the power of the union declines as well, and then the contract deteriorates until there is no union left. No worker wins in this scenario.

It was unions that first introduced democracy into the workplace, by giving workers a voice in determining conditions. Economic democracy is just as important as political democracy, and both are under attack in the state legislature.

“Right-to-work” has little to do with attracting business or upholding individual rights. “Right-to-work,” just like the voter ID requirement, the defunding of Planned Parenthood, elimination of state employee unions and restrictions on bargaining rights are all aimed at undermining our standard of living, discouraging collective participation, and thereby allowing a few to control and dominate the many. What is happening in our state legislature, pushed by a handful of Republicans, is a mean-spirited anti-democratic push from 1 percent of Hoosiers to marginalize the rest of us. If you think democracy is better than a dictatorship, you should demand that “right-to-work” legislation be CUT from the legislative agenda.

Teddy Roosevelt realized back in 1910 that he had to increase government regulation to get money out of politics. He upheld “the general welfare” against “corporate greed,” because of the latter’s destructive impact on a nation’s democratic life. Further along in his speech, he, too, linked citizenship with a decent standard of living. “No man (or woman) can be a good citizen unless he has a wage more than sufficient to cover the bare cost of living, and hours of labor short enough so that after ... a day’s work, he will have time and energy to bear his share in the management of community.” (my emphasis) Right-to-work looks to lower wages, eliminate unions, and give “freedom” to robber barons to bring back sweatshops.

The degree of unionization in a country is a reflection of how far a society has come in establishing democracy. It took more than a century of struggle to force companies to recognize organized workers and negotiate with them. Before unions, workers referred to themselves as “wage slaves.” Anything that restricts voting rights, free public education, or unions is anti-democratic, because in the long run, it will restrict opportunities for meaningful participation in society. Nothing will be for the people unless it is of and by the people. Roosevelt would have agreed in today’s world that “right-to-work” is un-American.

Ruth Needleman is director of the Leadership & Social Justice Program at Calumet College of St. Joseph, Whiting.

NEW ADS URGE HOOSIERS TO CONTACT LEGISLATORS TO OPPOSE “RIGHT TO WORK FOR LESS”
Commercials begin airing Monday across Indiana
 

INDIANAPOLIS – Radio and television commercials will begin airing across the state today encouraging Hoosiers to contact their state legislators to urge them to oppose the “Right to Work for Less” law being proposed in the Indiana General Assembly.

A series of 30-second television and 60-second radio spots will run in areas where recent polling conducted by the Indiana State AFL-CIO and its partners has shown constituents oppose the measure.

“If passed, this will have a wide ranging and overwhelmingly negative impact on workers’ wages, safety conditions and rights and that’s why it is critical that all Hoosiers reach out to their legislators to tell them to vote ‘no’ on the “right to work for less” bill,” said Indiana State AFL-CIO President Nancy Guyott.

“Hoosiers want the General Assembly to focus on fixing the economy and creating good paying jobs rather than these tired old partisan attacks on collective bargaining rights and we hope these commercials serve as a reminder of that.”

Titled “Wrong Priorities,” the ads were paid for by a coalition of Indiana State AFL-CIO affiliates and non-affiliated unions. The scripts for both the television and radio commercials are below and can be viewed at www.standupforhoosiers.com.

The Indiana State AFL-CIO (American Federation of Labor and Congress of Industrial Organizations) is a federation of 800 local unions across the state belonging to 50 International Unions. In total, the Indiana State AFL-CIO represents more than 300,000 working Hoosiers.

For more information on please visit www.in.aflcio.org or call 1-800-433-8423.