Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

13 Apr 2016 Wisconsin Right-To-Work Law Ruled Unconstitutional by State Court Judge

Another state’s right-to-work law has been challenged in court and ruled unconstitutional – at least at the initial stage in the case. As we reported last year, Wisconsin Gov. Scott Walker signed the “freedom-to-work” bill into law on March 9, and Wisconsin unions filed a lawsuit against the state the next day challenging its constitutionality. Wisconsin Attorney General Brad Schimel will pursue an appeal of the decision and is considering whether to appeal directly to the Wisconsin…

READ MORE
0

07 May 2015 Governor Pence Signs Bill Repealing Indiana Common Construction Wage

Yesterday, Indiana Governor Mike Pence signed House Enrolled Act 1019 which ended the common construction wage (also known as the “prevailing wage”) in Indiana. The bill passed the Senate by a vote of 27-22 and carried in the House by a vote of 54-40. A full copy of the bill can be found here. Adam BartromAdam Bartrom of the firm’s Labor and Employment Law Department collaborates with businesses to handle disputes and to create preventive…

READ MORE
0

04 Feb 2015 NLRB: Employer letters regarding dues payment options violated NLRA

Since Indiana became a Right-to-Work state, one of the most common employer questions has been – what can I tell my employees about when they can withdraw their dues authorization forms? The NLRB last week, in a non-RTW context, did give us some guidance – even though it’s probably guidance that most employers wouldn’t necessarily welcome.   The Board examined letters drafted by an employer and found that the letters, particularly in the context of…

READ MORE
0

14 Jan 2015 EVENLY DIVIDED 7TH CIRCUIT REJECTS EN BANC REVIEW OF INDIANA’S RIGHT TO WORK ACT

In a somewhat rare occurrence, the United States Court of Appeals for the Seventh Circuit is split right down the middle on whether to rehear a union’s challenge to the constitutionality of Indiana’s Right to Work Act.  The Court voted  5-to-5 Tuesday on whether to rehear the appeal en banc.  The even split means the three-judge panel’s decision from September, 2014 upholding the statute under the United States Constitution stands.   The 2014 decision upholding…

READ MORE
0

31 Dec 2014 Right to Work Battle Not Over in Indiana?

Despite the recent Indiana Supreme Court and 7th Circuit rulings upholding the constitutionality of Indiana’s Right to Work Act under both the state and federal constitutions, the Indiana Lawyer is reporting today that the battles might not yet be over. The publication quotes Dale Pierson, general counsel for the International Union of Operating Engineers Local 150, that the union decided to go ahead with a petition for review en banc by the full 7th Circuit…

READ MORE
0

07 Nov 2014 Indiana Right to Work Act Upheld by Indiana Supreme Court

The Indiana Supreme Court decided that I.C. sections 22-6-6-8 and 22-6-6-10 in the Indiana Right to Work Law do not violate Article 1, Section 21 of the Indiana Constitution.  In so ruling, the Court overturned the trial court’s decision which had concluded that those sections of the Act were facially unconstitutional. Section 21 of the Indiana Bill of Rights, Article 1 of the Indiana Constitution, provides that “[n]o person’s particular services shall be demanded, without just…

READ MORE
0

02 Sep 2014 Seventh Circuit Upholds Indiana Right to Work Law – Indiana Supreme Court to Weigh in Next

  The Seventh Circuit today issued its long awaited decision affirming a lower court ruling that upheld Indiana’s right to work law under federal law. The Indiana General Assembly passed the Indiana Right to Work Act on February 1, 2012, and then-Governor Mitch Daniels signed it into law. Local 150 of the International Union of Operating Engineers filed suit in federal district court in Indiana challenging the law on federal preemption and federal Constitutional grounds….

READ MORE
0

28 Jul 2014 INDIANA COURT LACKS JURISDICTION OVER EMPLOYEE’S THREAT

When does a threat to blow your supervisor’s head off fall outside the scope of a state court’s jurisdiction? Apparently, when you are employed in Indiana.   The Indiana Court of Appeals recently vacated an injunction entered against an employee under Indiana’s Workforce Violence Restraining Orders Act finding that the employee’s threat against his supervisor actually arose out of a “labor dispute” with his employer.   According to the Court’s opinion, the issue surfaced after…

READ MORE