Democrats SUCK!!

[Palehorse]

. . .House Democrats realize Republicans won't let them have their hope: taking 11 labor and education bills taken off the table for consideration this session. But they want more than just the one, the "right to work" measure, that Republicans today agreed to send to a study committee.

Bauer would not go into details, but said two bills at the top of the list are the school-voucher bill, which would send tax dollars to private schools, and another on collective bargaining for teachers. . .


http://www.indystar.com/article/20110223/NEWS05/102230396/Indiana-Senate-leader-says-right-work-bill-dead

. . . Which brings up another aspect of this hootenanny; why would anyone in their right minds vote for subsidization of private schools with our tax dollars? That is just out of control and unacceptable on any level. 

[Nighthawk]

. . .House Democrats realize Republicans won't let them have their hope: taking 11 labor and education bills taken off the table for consideration this session. But they want more than just the one, the "right to work" measure, that Republicans today agreed to send to a study committee.

Bauer would not go into details, but said two bills at the top of the list are the school-voucher bill, which would send tax dollars to private schools, and another on collective bargaining for teachers. . .


http://www.indystar.com/article/20110223/NEWS05/102230396/Indiana-Senate-leader-says-right-work-bill-dead

. . . Which brings up another aspect of this hootenanny; why would anyone in their right minds vote for subsidization of private schools with our tax dollars? That is just out of control and unacceptable on any level. 

Believe it or not, I agree. The voucher system is a farce and should not happen.

[Palehorse]

Introduced Version





HOUSE BILL No. 1028

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-6-5.
Synopsis: Employee's right to work. Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations.
Effective: July 1, 2011.


Culver, Torr


    January 5, 2011, read first time and referred to Committee on Employment, Labor and Pensions.



Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1028


    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-6-5; (11)IN1028.1.1. -->     SECTION 1. IC 22-6-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 5. Right to Work
    Sec. 1. This chapter does not apply to the following:
        (1) An employee of the United States or a wholly owned corporation of the United States.
        (2) An:
            (A) employee; and
            (B) employer;
        subject to the federal Railway Labor Act (45 U.S.C. 151 et seq.).
        (3) An employee employed on property over which the United States government has exclusive jurisdiction for the purpose of labor relations.
    Sec. 2. This chapter does not apply to the extent that it:
        (1) conflicts with; or
        (2) is preempted by;
federal law.
    Sec. 3. As used in this chapter, "employer" means:
        (1) a person employing at least one (1) individual in Indiana;
        (2) a public body; or
        (3) an agent of an employer described in subdivision (1) or (2).
    Sec. 4. As used in this chapter, "labor organization" means:
        (1) an organization;
        (2) an agency;
        (3) a union; or
        (4) an employee representation committee;
that exists, in whole or in part, to assist employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, or other terms or conditions of employment. The term includes a school employee organization (as defined in IC 20-29-2-14).
    Sec. 5. As used in this chapter, "person" means:
        (1) an individual;
        (2) a proprietorship;
        (3) a partnership;
        (4) a firm;
        (5) an association;
        (6) a corporation;
        (7) a labor organization; or
        ( another legal entity.
    Sec. 6. As used in this chapter, "public body" means the following:
        (1) The state.
        (2) A municipal corporation (as defined in IC 36-1-2-10).
        (3) A public transportation agency (as defined in IC 36-9-1-5.5).
        (4) A public utility employer (as defined in IC 22-6-2-2(a)).
        (5) A school employer (as defined in IC 20-29-2-15).
    Sec. 7. As used in this chapter, "the state" includes:
        (1) a board;
        (2) a branch;
        (3) a commission;
        (4) a department;
        (5) a division;
        (6) a bureau;
        (7) a committee;
        ( an agency;
        (9) an institution (including a state educational institution as defined in IC 21-7-13-32);
        (10) an authority; or
        (11) another instrumentality;
of the state.
    Sec. 8. A person may not require an individual to:
        (1) become or remain a member of a labor organization;
        (2) pay dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
        (3) pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization;
as a condition of employment or continuation of employment.
    Sec. 9. A contract, agreement, understanding, or practice, written or oral, express or implied, between:
        (1) a labor organization; and
        (2) an employer;
that violates section 8 of this chapter is unlawful and void.
    Sec. 10. A person that knowingly or intentionally, directly or indirectly, violates section 8 of this chapter commits a Class A misdemeanor.
    Sec. 11. An individual who is employed by an employer may file a complaint that alleges a violation or threatened violation of this chapter with the attorney general or the prosecuting attorney of the county in which the individual is employed. Upon receiving a complaint under this section, the attorney general or prosecuting attorney shall:
        (1) investigate the complaint; and
        (2) enforce compliance if a violation of this chapter is found.
    Sec. 12. (a) If an individual suffers an injury:
        (1) as the result of any act or practice that violates this chapter; or
        (2) from a threatened violation of this chapter;
the individual may bring a civil action.
    (b) A court may order an award of any or all of the following to an individual who prevails in an action under subsection (a):
        (1) Actual and consequential damages resulting from the violation or threatened violation.
        (2) A civil penalty against the violator of not more than one thousand dollars ($1,000).
        (3) Reasonable attorney's fees, litigation expenses, and costs.
        (4) Declaratory or equitable relief, including injunctive relief.
        (5) Other relief the court considers proper.
    (c) The remedies and penalties set forth in subsection (b) are:
        (1) cumulative; and
        (2) in addition to other remedies and penalties imposed for a violation of this chapter.
    Sec. 13. Sections 8 through 12 of this chapter:
        (1) apply to a written or oral contract or agreement entered into, modified, renewed, or extended after June 30, 2011; and
        (2) do not apply to or abrogate a written or oral contract or agreement in effect on June 30, 2011.

http://www.in.gov/legislative/bills/2011/IN/IN1028.1.html

[Palehorse]

Introduced Version





HOUSE BILL No. 1043

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-6-5.
Synopsis: Employee's right to work. Makes it a Class A misdemeanor for an employer to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations.
Effective: July 1, 2011.


Torr, Culver, Kubacki, Turner


    January 5, 2011, read first time and referred to Committee on Employment, Labor and Pensions.



Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1043


    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-6-5; (11)IN1043.1.1. -->     SECTION 1. IC 22-6-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 5. Right to Work
    Sec. 1. This chapter does not apply to the following:
        (1) An individual employed by the United States or a wholly owned corporation of the United States.
        (2) An individual subject to the federal Railway Labor Act (45 U.S.C. 151 et seq.).
    Sec. 2. This chapter does not apply to the extent that it conflicts with:
        (1) the federal National Labor Relations Act (29 U.S.C. 151 et seq.); or
        (2) another federal law or regulation concerning labor relations or labor organizations.
    Sec. 3. As used in this chapter, "employer" means:
        (1) a person employing at least two (2) individuals in Indiana;
        (2) a public body; or
        (3) an agent of an employer described in subdivision (1) or (2).
    Sec. 4. As used in this chapter, "labor organization" means an organization, an agency, or a representation committee that exists, in whole or in part, to assist employees in:
        (1) bargaining collectively; or
        (2) negotiating with employers;
concerning grievances, labor disputes, wages, rates of pay, or terms or conditions of employment. The term includes a school employee organization (as defined in IC 20-29-2-14).
    Sec. 5. As used in this chapter, "person" means:
        (1) an individual;
        (2) a proprietorship;
        (3) a partnership;
        (4) a firm;
        (5) an association;
        (6) a corporation; or
        (7) another legal entity.
    Sec. 6. As used in this chapter, "public body" means the following:
        (1) The state.
        (2) A municipal corporation (as defined in IC 36-1-2-10).
        (3) A public transportation agency (as defined in IC 36-9-1-5.5).
        (4) A public utility employer (as defined in IC 22-6-2-2(a)).
        (5) A school employer (as defined in IC 20-29-2-15).
    Sec. 7. As used in this chapter, "state" means:
        (1) a board;
        (2) a branch;
        (3) a commission;
        (4) a department;
        (5) a division;
        (6) a bureau;
        (7) a committee;
        ( an agency;
        (9) an institution;
        (10) an authority; or
        (11) another instrumentality;
of the state.
    Sec. 8. An employer may not require an individual to:
        (1) become or remain a member of a labor organization;
        (2) pay dues, fees, assessments, or other charges of any kind
or amount to a labor organization; or
        (3) pay an amount to a charity or third party that is equivalent to or a pro rata part of dues, fees, assessments, or other charges regularly required of members of a labor organization;
as a condition of employment or continuation of employment.
    Sec. 9. A written or an oral contract or agreement, express or implied, between a labor organization and an employer that violates section 8 of this chapter is void.
    Sec. 10. An employer that knowingly or intentionally violates section 8 of this chapter commits a Class A misdemeanor.
    Sec. 11. An individual who is employed by an employer may file a complaint that alleges a violation or threatened violation of this chapter with the attorney general or the prosecuting attorney of the county in which the individual is employed. Upon receiving a complaint under this section, the attorney general or prosecuting attorney shall:
        (1) investigate the complaint; and
        (2) enforce compliance if a violation of this chapter is found.
    Sec. 12. (a) If an individual suffers an injury:
        (1) as the result of any act or practice that violates this chapter; or
        (2) from a threatened violation of this chapter;
the individual may bring a civil action.
    (b) A court may order an award of any or all of the following to an individual who prevails in an action under subsection (a):
        (1) Actual and consequential damages resulting from the violation or threatened violation.
        (2) A civil penalty against the violator of not more than one thousand dollars ($1,000).
        (3) Reasonable attorney's fees, litigation expenses, and costs.
        (4) Declaratory or equitable relief, including injunctive relief.
        (5) Other relief the court considers proper.
    (c) The remedies and penalties in subsection (b) are:
        (1) cumulative; and
        (2) in addition to other remedies and penalties imposed for a violation of this chapter.
    Sec. 13. (a) Sections 8 through 12 of this chapter:
        (1) apply to a written or an oral contract or agreement entered into, modified, renewed, or extended after June 30, 2011; and
        (2) do not apply to or abrogate a written or an oral contract

or agreement in effect on June 30, 2011.
    (b) This section expires July 1, 2014.

http://www.in.gov/legislative/bills/2011/IN/IN1043.1.html

[Palehorse]

Introduced Version





SENATE BILL No. 395

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-6-5.
Synopsis: Employee's right to work. Makes it a Class A misdemeanor to require an individual to: (1) become or remain a member of a labor organization; (2) pay dues, fees, or other charges to a labor organization; or (3) pay to a charity or another third party an amount that represents dues, fees, or other charges required of members of a labor organization; as a condition of employment or continuation of employment. Establishes a separate private right of action for violations or threatened violations.
Effective: July 1, 2011.


Yoder


    January 11, 2011, read first time and referred to Committee on Pensions and Labor.



Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 395


    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-6-5; (11)IN0395.1.1. -->     SECTION 1. IC 22-6-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 5. Right to Work
    Sec. 1. This chapter does not apply to the following:
        (1) An employee of the United States or a wholly owned corporation of the United States.
        (2) An:
            (A) employee; and
            (B) employer;
        subject to the federal Railway Labor Act (45 U.S.C. 151 et seq.).
        (3) An employee employed on property over which the United States government has exclusive jurisdiction for the purpose of labor relations.
    Sec. 2. This chapter does not apply to the extent that it:
        (1) conflicts with; or
        (2) is preempted by;
federal law.
    Sec. 3. As used in this chapter, "employer" means:
        (1) a person employing at least one (1) individual in Indiana;
        (2) a public body; or
        (3) an agent of an employer described in subdivision (1) or (2).
    Sec. 4. As used in this chapter, "labor organization" means:
        (1) an organization;
        (2) an agency;
        (3) a union; or
        (4) an employee representation committee;
that exists, in whole or in part, to assist employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, or other terms or conditions of employment. The term includes a school employee organization (as defined in IC 20-29-2-14).
    Sec. 5. As used in this chapter, "person" means:
        (1) an individual;
        (2) a proprietorship;
        (3) a partnership;
        (4) a firm;
        (5) an association;
        (6) a corporation;
        (7) a labor organization; or
        ( another legal entity.
    Sec. 6. As used in this chapter, "public body" means the following:
        (1) The state.
        (2) A municipal corporation (as defined in IC 36-1-2-10).
        (3) A public transportation agency (as defined in IC 36-9-1-5.5).
        (4) A public utility employer (as defined in IC 22-6-2-2(a)).
        (5) A school employer (as defined in IC 20-29-2-15).
    Sec. 7. As used in this chapter, "the state" includes:
        (1) a board;
        (2) a branch;
        (3) a commission;
        (4) a department;
        (5) a division;
        (6) a bureau;
        (7) a committee;
        ( an agency;
        (9) an institution (including a state educational institution as defined in IC 21-7-13-32);
        (10) an authority; or
        (11) another instrumentality;
of the state.
    Sec. 8. A person may not require an individual to:
        (1) become or remain a member of a labor organization;
        (2) pay dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
        (3) pay to a charity or third party an amount that is equivalent to or a pro rata part of dues, fees, assessments, or other charges required of members of a labor organization;
as a condition of employment or continuation of employment.
    Sec. 9. A contract, agreement, understanding, or practice, written or oral, express or implied, between:
        (1) a labor organization; and
        (2) an employer;
that violates section 8 of this chapter is unlawful and void.
    Sec. 10. A person that knowingly or intentionally, directly or indirectly, violates section 8 of this chapter commits a Class A misdemeanor.
    Sec. 11. An individual who is employed by an employer may file a complaint that alleges a violation or threatened violation of this chapter with the attorney general or the prosecuting attorney of the county in which the individual is employed. Upon receiving a complaint under this section, the attorney general or prosecuting attorney shall:
        (1) investigate the complaint; and
        (2) enforce compliance if a violation of this chapter is found.
    Sec. 12. (a) If an individual suffers an injury:
        (1) as the result of any act or practice that violates this chapter; or
        (2) from a threatened violation of this chapter;
the individual may bring a civil action.
    (b) A court may order an award of any or all of the following to an individual who prevails in an action under subsection (a):
        (1) Actual and consequential damages resulting from the violation or threatened violation.
        (2) A civil penalty against the violator of not more than one thousand dollars ($1,000).
        (3) Reasonable attorney's fees, litigation expenses, and costs.
        (4) Declaratory or equitable relief, including injunctive relief.
        (5) Other relief the court considers proper.
    (c) The remedies and penalties set forth in subsection (b) are:
        (1) cumulative; and
        (2) in addition to other remedies and penalties imposed for a violation of this chapter.
    Sec. 13. Sections 8 through 12 of this chapter:
        (1) apply to a written or oral contract or agreement entered into, modified, renewed, or extended after June 30, 2011; and
        (2) do not apply to or abrogate a written or oral contract or agreement in effect on June 30, 2011.

http://www.in.gov/legislative/bills/2011/IN/IN0395.1.html

[Palehorse]

All three of which will effectively serve to severely restrict the bargaining power of unions as well as reduce compensation levels to $7.25/hr - $15,080/yr for state workers, teachers, etc.

How in anyone's mind is that in any way shape or form fair?

[Nighthawk]

That's them!! Neither f those bills effect existing contracts or contracts entered into or in effect on or before June 30, 2011. So there are no contract violations thus not illegal.

In fact, and I may be missing something, but I don't see where either one mentions or effects collective bargaining.

[Palehorse]

Believe it or not, I agree. The voucher system is a farce and should not happen.

And that is just an example of the bill of goods our state congressional leaders are trying to force feed the people of Indiana!

Do you realize what these bills will do to state employees and workers and how that will impact the economy and business climate in this state should they become law?

First, we'll see a mass exodus from state employment, and with McDonalds and Burger King offering a better wage scale you won't see anyone standing in line to take those positions either. Teachers will begin defecting to the private sectors or other states, leaving our school systems state wide in such a shambles that it very likely will drive the collapse of the entire public school system.

THEN, big business will shoulder their way up to the trough to enforce their own version of this very same initiative, and if they pass it, hello poverty Indiana. And if they don't, goodbye business as they leave in a much quicker process than they have already been doing. . .

It is union busting pure and simple, which in itself is against the law!

[Palehorse]

. . .
In fact, and I may be missing something, but I don't see where either one mentions or effects collective bargaining.

It front loads wage rates for all contracts, and enables individuals to elect to remain outside of the "closed shop" status contained in the contract language; thereby cuffing the ability of the union to fairly represent its membership and negotiate on their behalf.

[Palehorse]

That's them!! Neither f those bills effect existing contracts or contracts entered into or in effect on or before June 30, 2011. So there are no contract violations thus not illegal.
. . .

They are dead with the exception of SB395. I believe they've been sent to investigation committee for the time being.

I may be wrong about the part of them being capable of being enforced into current binding contracts though. Despite that, it is STILL union busting and illegal.

[Palehorse]

http://www.union1.org/badforindiana/PDF%20Files/2006%20IN%20RTW%20Campaign.pdf

Here is a good read on the very things I have been saying here. It is a study published by Indiana University on the RTW issue in 2006, that clearly identifies the reasons why adopting these laws will be a huge step backwards for every single working family in this state.

Read it. . .

[Palehorse]

http://www.cnn.com/2011/POLITICS/03/09/wisconsin.budget/index.html?hpt=T1&iref=BN1

Here we go. Wisconsin just passed the legislation without the democrats present. . .

[The Troll]

http://www.cnn.com/2011/POLITICS/03/09/wisconsin.budget/index.html?hpt=T1&iref=BN1

Here we go. Wisconsin just passed the legislation without the democrats present. . .

  They sure did and it's totally illegal.  Republican dirty tricks at it's finest.  Cheat, lie and fabricated lies.  It wasn't about busting unions it was about balancing the budget.  They have tried to bust the unions and they still haven't balanced the budget. 

  This thing is far from being over and the anger will go up, if they don't relent, this is going to court.  More tax dollars wasted by the Republicans in Wisconsin.  You're next Scott Brown.  The biggest scab ever boughten by the Corporations. 

[Palehorse]

  They sure did and it's totally illegal.  Republican dirty tricks at it's finest.  Cheat, lie and fabricated lies.  It wasn't about busting unions it was about balancing the budget.  They have tried to bust the unions and they still haven't balanced the budget. 

  This thing is far from being over and the anger will go up, if they don't relent, this is going to court.  More tax dollars wasted by the Republicans in Wisconsin.  You're next Scott Brown.  The biggest scab ever boughten by the Corporations.

Well, it has been proven that each and every state that has adopted this RTW and union busting legislation has suffered for it. Wages go down, annual income goes down, state revenues go down, and businesses leave the state. Indiana currently ranks among the top ten states, and each of the state with RTW are far below us. That will change drastically for us should they become successful in this initiative here.

I used to love the state of Wisconsin. At one point I wanted to live there, but their double taxation of income, (If you own property there and live/work in another state you still have to file state taxes on your income with the state of Wisconsin, even if you do not live there. Or did.), prevented me from doing so.

The republicans are out to totally gut this country with these initiatives. Reduce us to third world status by forcing even more businesses to leave the US, and reducing individual income levels to near poverty levels. . .

[The Troll]

  Well, as I have said for years, this is the rush to the bottom.  Killing the middle class.

  What I would like to know is, after the Republicans and the Super Rich and the Corporations drive all of our wages down.  Who is going to buy all of their products?  Who will be able to save any money?  Who is ever going to be able to own a house or a new car.  Who is going to be able to buy all of the foreign products they bring in and who is ever going to be able to retire but the rich.    you're asking for it. 

  We will be in the same shape as the Africans, the low class Chinese, the Mexicans who are invading our country.  But the anti-union, anti-labor sheeple who think they are above it are sure going to find their ass in the same condition.  Do you think you are going to be able to live in your guarded and gated communities, in your million dollar houses and be safe while people outside starve. 

  Scabs, how do you like the Republican win in Wisconsin, fair, honest and up standing? NO!  Crooked, cheating, stolen, lying and immoral.  YES!  That's what the Tea Party and the Republican Party is all about.  Slavery for the working man and woman.  And you dumbasses can not see it.