Fort Wayne Educ. Ass'n, Inc. v. Aldrich, s. 02S04-9206-CV-476
| Decision Date | 23 June 1992 |
| Docket Number | Nos. 02S04-9206-CV-476,29S02-9206-CV-478,s. 02S04-9206-CV-476 |
| Citation | 594 N.E.2d 781 |
| Parties | 75 Ed. Law Rep. 458 FORT WAYNE EDUCATION ASSOCIATION, INC., Appellant, v. Mary E. ALDRICH, et al., Appellees. Ruth E. ALBRO, Rosemary Adams, et al., Appellants, v. INDIANAPOLIS EDUCATION ASSOCIATION, Appellee. |
| Court | Indiana Supreme Court |
Appeal from Allen Circuit Court; Thomas L. Ryan, Judge.
Appeal from the Marion County Superior Court, Gerald S. Zore, Judge.
Appeal from the Hamilton Circuit Court, Judith S. Proffitt, Judge.
Richard J. Darko, Mary Jane Lapointe, Lowe Gray Steele & Hoffman, Indianapolis, for appellant Fort Wayne Educ. Ass'n.
William T. Hopkins, Jr., Gallucci, Hopkins & Theisen, P.C., Fort Wayne, for appellees Mary E. Aldrich et al.
Milton L. Chappell, National Right to Work Legal Defense Foundation, Springfield, Va., William F. Diehl, Byrum, Gagnon & Diehl, Indianapolis, for appellants Ruth E. Albro et al.
Richard J. Darko, Mary Jane LaPointe, Lowe Gray Steele & Hoffman, Indianapolis (Robert H. Chanin, Bruce R. Lerner, John M. West, Bredhoff & Kaiser, Washington, D.C., of counsel), for appellee Indianapolis Educ. Ass'n.
ON CIVIL PETITIONS TO TRANSFER
The causes captioned above are hereby consolidated for the purpose of disposition.
On January 21, 1992, the Court of Appeals issued an opinion in Fort Wayne Educ. Ass'n., Inc. v. Aldrich (1992), Ind.App., 585 N.E.2d 6, in which they followed precedent and reversed the Allen Circuit Court decision which had been rendered in favor of appellees, Mary E. Aldrich, et al. On January 30, 1992, the Court of Appeals rendered its decision in the combined cases of Ruth E. Albro, Rosemary Adams, et al. v. Indianapolis Education Association (1992), Ind.App., 585 N.E.2d 666, in which they reversed both the Marion Superior Court and the Hamilton Circuit Court, each of which had entered summary judgment in favor of the Indianapolis Education Association.
In the Court of Appeals' opinion, handed down on January 30, 1992, they cited the Fort Wayne Educ. Ass'n., Inc. case and the cases relied upon therein and acknowledged that up to that time the methods followed by the teachers' unions and organizations in assessing fair-share payments to non-union teachers had been approved by the courts. However, they cited Lehnert v. Ferris Faculty Association (1991), 500 U.S. ----, 111 S.Ct. 1950, 114 L.Ed.2d 572, and observed that the standards heretofore approved did not meet the standards set forth in Lehnert and that the prior precedent including the Fort Wayne Educ. Ass'n., Inc. case should be overruled.
Upon examining the briefs in these cases ...
To continue reading
Request your trial
-
Byrd v. AFSCME
...also Albro v. Indianapolis Educ. Ass'n, 585 N.E.2d 666, 672 (Ind.Ct.App.1992), trans. granted, opinion adopted by Fort Wayne Educ. Ass'n v. Aldrich, 594 N.E.2d 781 (Ind.1992). Chargeable union expenses must be for: (1) activities which are "germane" to collective bargaining, (2) activities ......
-
Flosenzier v. John Glenn Educ. Ass'n
...of our decision in Albro v. Indianapolis Educ. Assoc. (1992), Ind.App., 585 N.E.2d 666, aff'd and adopted by Fort Wayne Educ. Assoc. v. Aldrich (1992), Ind., 594 N.E.2d 781, reh'g 2. Did the Teachers affirmatively set forth specific facts establishing the existence of genuine issues in disp......
-
Nass v. State ex rel. Unity Team
...for ideological activities); Albro v. Indianapolis Educ. Ass'n, 585 N.E.2d 666, 669 (Ind.Ct.App. 1992), adopted on transfer, 594 N.E.2d 781 (Ind.1992), reh'g denied (holding that the IEA failed to sustain its burden of affirmatively proving the ratio of its chargeable expenses to nonchargea......
-
Whitley County Teachers Ass'n v. Bauer
...approved by this court in Albro v. Indianapolis Education Association, 585 N.E.2d 666, 668 (1992) (adopted in full by reference, 594 N.E.2d 781 (Ind.1992)). That calculation was set forth as follows: "Teachers and IEA agree the IEA has the burden of proving the ratio of chargeable expenses ......