Monday, May 12, 2014

Supreme Court denies transfer in Local 1963 v. Madison County

Supreme Court denies transfer in Local 1963 v. Madison County, et al:

27A05-1301-CC-40
Local 1963 of the United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW v. Madison County, Indiana, Madison County Assessor, and Madison County Recorder
Appellant
Transfer Denied - All Justices concur.
5/8/14
Riley, J.
Robb, C.J.
Kirsch, J.
FP
12/18/13

Excerpts from the Court of Appeals decision at issue:

UAW raises two issues on appeal, which we consolidate and restate as the following single issue: Whether the trial court erred in concluding, as a matter of law, that the Board of County Commissioners (Commissioners)1 and County Council (Council)2 had no authority to encroach upon the rights of the Assessor and Recorder to appoint and discharge deputies.

Based on the foregoing, we conclude that the trial court properly issued summary judgment for the County Group because, as a matter of law, the Commissioners and Council had no authority to execute a CBA interfering with the independence of the Officials in appointing and discharging their deputies and employees.