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Establishment Press Ignores Ind. Union’s Legal Claim: Right-to-Work Law Creates 'Involuntary Servitude'

By Tom Blumer | April 24, 2012 | 15:13

A  A
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As of 1:30 p.m., what follows was a story only at Big Government, The Blaze, and the Daily Caller.

The news is that an Indiana union has expanded the scope of an already-filed lawsuit by claiming that the Hoosier State's recently enacted right to work law violates the Thirteenth Amendment's prohibition against slavery because it forces unions to work beside and negotiate on behalf of workers who are no longer required to pay union dues to keep their jobs. Based on the related articles' time stamps, it appears that the Daily Caller's David Martosko was first with the story very early Sunday morning, so I will excerpt from its coverage (apologies if I am incorrect; bolds are mine):

Story Continues Below Ad ↓

Labor union sues Indiana, calls working alongside nonunion employees 'slavery'

In a lawsuit against three Indiana government officials, a labor union alleged on Wednesday that its constitutional rights under the Thirteenth Amendment — which outlawed “slavery” and “involuntary servitude” — are violated whenever its members are forced to work alongside nonunion employees.

The International Union of Operating Engineers, whose members work as heavy equipment operators, mechanics and construction surveyors, sued Indiana’s governor, attorney general, and labor commissioner in February, alleging that the state’s “right to work” law is unconstitutional.

Indiana’s law prohibits employers from making union membership a condition of getting or keeping a job. The union’s February lawsuit claimed the law violated its members’ Fourteenth Amendment guarantee of “equal protection” under the law.

But an amended complaint filed on Wednesday added a Thirteenth Amendment claim as well. The new lawsuit suggests that when nonunion employees earn higher salaries and better benefits because of the union’s negotiation on behalf of its members, the union has been forced to work for those nonunion employees for free.

And being forced to work without compensation, the union suggested in its revised lawsuit, is slavery.

“In this case, the Defendants have exacted compulsory service and/or involuntary servitude from the Union through the combination of the passage of the Right to Work law and the existing federal requirement of the duty of fair representation,” the amended complaint reads.

... Mackinac Center for Public Policy senior legal analyst Patrick Wright said on Friday that the union’s legal argument “expands the definition of chutzpah.”

“Compulsory membership and coerced dues and fees are the hallmarks of the union movement, yet they claim that giving workers more choice is an act of enslavement.”

It would appear that in the union's view, despite the Thirteenth Amendment, that involuntary servitude is currently legal in 23 right to work states. Who knew?

A Google News search on "involuntary servitude Indiana" (not in quotes) at 1:30 p.m. returned only the three items I have cited. A search at the Indianapolis Star on "servitude" returned nothing. The most recent relevant item returned in a search at the Star on "right to work Indiana" (not in quotes) was an April 10 item from the Associated Press about the union's original complaint which objected to the law on free speech grounds. A search at the Associated Press's main national site on "servitude" returned nothing, while a search on "Indiana right to work" (not in quotes) returned nothing relevant.

Perhaps the establishment press, which from all appearances has been scooped and seems not to care, is waiting for word from the Obama administration as to how it should react. They certainly can't claim that it's not news.

Cross-posted at BizzyBlog.com.

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Comments

On the other side, let's throw in the Commerce Clause

Submitted by Galvanic on Tue, 04/24/2012 - 3:22pm.

Should a individual be forced to purchase the services of a bloated, inefficient non-government organization that not only fails to adequately represent the individual, but uses his/her money to support political candidates the individual is opposed to?

That probably violates the First Amendment, too.

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If I were president and

Submitted by bassndude on Tue, 04/24/2012 - 3:28pm.

If I were president and wanted to pass a law that everyone HAD to buy something, it would be Winchester or Colt or Ruger or any American made firearm.

 

Save a SeAL, club a liberal/troll!!

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If you appointed me

Submitted by Tugboat Phil on Tue, 04/24/2012 - 5:17pm.

to be your Secretary of the Energy, I'd use all our funds to issue a rifle and handgun to every taxpaying citizen over 18. Then I'd abolish my department.

President Obama is a Muslim (from his own lips), Kenyan (read it from his publicist) a homosexual (read it on a news magazine cover) and a Socialist (I'm alive and can see it for myself)
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Stupid

Submitted by LionKing on Tue, 04/24/2012 - 3:30pm.

Slavery falls apart because they can walk anytime they want. Also, they are still be compensated. No one FORCED them to work on behalf on the nonunion employees.

Desperation rears its ugly head. I would hope that the judge dismisses this as nonsense.

 

If conservatives are RIGHT, then liberals must be WRONG.

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How much Prozac........

Submitted by ZmanCav on Tue, 04/24/2012 - 4:25pm.

........does one need to be on for the above arguement to make sense? And on that same note, how is a "Closed Shop" making Union membership mandatory, not also slavary or involuntary servitude?

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How much Prozac........

Submitted by ZmanCav on Tue, 04/24/2012 - 4:25pm.

........does one need to be on for the above arguement to make sense? And on that same note, how is a "Closed Shop" making Union membership mandatory, not also slavary or involuntary servitude?

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You can say that again!

Submitted by GW on Tue, 04/24/2012 - 4:30pm.

You can say that again!

"Unfortunately, some people use belief-based facts rather than fact-based beliefs." -Par for the Course on Wed, 04/18/2012 - 5:38pm
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Well, if a judge doesn't dismiss the suit as nonsense, then ---

Submitted by matthewdean on Tue, 04/24/2012 - 4:36pm.

I shall file suit for all those hours I worked for 'free' because taxes took part of my income in order to support worthless welfare weenies.

"But an amended complaint filed on Wednesday added a Thirteenth Amendment claim as well. The new lawsuit suggests that when nonunion employees earn higher salaries and better benefits because of the union’s negotiation on behalf of its members, the union has been forced to work for those nonunion employees for free."

Just another indication of the swirling cesspool  this country has been pushed into ---

"It is often exceedingly difficult to undo the 'good' that do-gooders do."  (h/t  A. Nony Mous)

MD

"The credibility of the story is undermined by the selection of sources." - (h/t Jer)
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Unbelievable!

Submitted by Cappmann1962 on Wed, 04/25/2012 - 8:55am.

Not the lawsuit. The fact that a judge has allowed it to proceed. This is one of the most ridiculous stretches of the imagination I've ever heard of.

The International Union of Operating Engineers, whose members work as heavy equipment operators, mechanics and construction surveyors, sued Indiana’s governor, attorney general, and labor commissioner in February, alleging that the state’s “right to work” law is unconstitutional. Indiana’s law prohibits employers from making union membership a condition of getting or keeping a job. The union’s February lawsuit claimed the law violated its members’ Fourteenth Amendment guarantee of “equal protection” under the law.

These arrogant morons don't want equal protection, which is what RTW provides - FOR THE NON-UNION workers. They want what they're claiming RTW does to them - to force workers into the union or not be permitted to work at all.

But an amended complaint filed on Wednesday added a Thirteenth Amendment claim as well. The new lawsuit suggests that when nonunion employees earn higher salaries and better benefits because of the union’s negotiation on behalf of its members, the union has been forced to work for those nonunion employees for free. And being forced to work without compensation, the union suggested in its revised lawsuit, is slavery.

As has already been addressed in earlier posts, no one has forced the union to even exist, let alone work on behalf of non-union workers. As for non-union "benefitting" from union work on salaries and benefits, if union workers got higher pay and better benefits while non-union workers didn't for the same (probably better) work, THAT would be discriminatory. To allow this lawsuit to proceed demeans our already damaged legal system, the same as the anti-gun lawsuits against the firearms industry and the DoJ suing Jacksonville FL for making "minorities" actually take a test for promotion.

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