Indiana Civil Rights Commission v. International Union, United Auto., Aerospace and Agr. Implement Workers of America, UAW, 499

Docket NºA
Citation385 N.E.2d 1176, 179 Ind.App. 407
Case DateFebruary 19, 1979
CourtCourt of Appeals of Indiana

Page 1176

385 N.E.2d 1176
179 Ind.App. 407
J. Coleman, Loren O. Blaase, Lee A. Shelton, Mary E. Wyatt,
Dr. Nedra Kinerk, and John C. Carvey, Members of Aforesaid
Civil Rights Commission, and Linda Moore, Appellants
(Defendants Below),
Automobile, Aerospace and Agricultural Implement Workers of
America, UAW, Local Union No. 499, Appellees (Plaintiffs Below).
No. 2-1077A386.
Court of Appeals of Indiana, Second District.
Feb. 19, 1979.

[179 Ind.App. 408]

Page 1177

Theo. L. Sendak, Atty. Gen., Dennis K. McKinney, Deputy Atty. Gen., Robert W. Lange, Indianapolis, for appellants.

Lynnville G. Miles, Miles & Associates, Indianapolis, for appellees.

BUCHANAN, Chief Judge.


Defendants-appellants, the Indiana Civil Rights Commission and certain members thereof (ICRC), and Linda Moore (Moore) appeal from the trial court judgment which denied their motion to dismiss and set aside the ICRC order which found that the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW (the International) and the local union thereof (Local 499) engaged in an unlawful discriminatory practice within the meaning of Ind.Code 22-9-1-3(L ) and 22-9-1-6(k)(1).

We reverse.


Moore, a secretary for Local 499, was dismissed from her employment because she married a member of the Local in apparent violation of a collective bargaining agreement between Local 499 and her union. 1

[179 Ind.App. 409] Moore filed a complaint with the ICRC contending that by enforcing that section of the collective bargaining agreement Local 499 discriminated against her because of her sex. At the hearing on May 16, 1975, neither the International nor Local 499 appeared, and the ICRC entered an order of default. Following the subsequent hearing on damages the ICRC entered its final order against the International and Local 499.

The International and Local 499 filed petitions for judicial review on January 16, 1976 in the Delaware County Circuit Court against the ICRC. Moore was permitted to intervene and the cases were consolidated. The unions timely filed motions for extension of time within which to file the transcript of proceedings before the ICRC, pursuant to Ind.Code 4-22-1-14. The court granted an extension until March 5, 1976. The transcript was not filed within the granted extension. On August 26, 1976, Moore filed a motion to dismiss the petitions for review for failure to file a transcript within the...

To continue reading

Request your trial
11 cases
  • Wright v. Dept. of Employment Services, 87-1346.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 9 Junio 1989
    ...First, an at will employment contract — like that at issue here — requires both voluntariness and mutuality to exist. See Batts, supra, 385 N.E.2d at 1176. Being at will, however, it can be unilaterally terminated by either party, see Wemhoff v. Investors Management Corp. of Am., 528 A.2d 1......
  • Indiana Civil Rights Com'n v. City of Muncie, 2-1082A350
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Febrero 1984
    ...N.E.2d 153; White v. Bd. of Med. Regis. and Exam. (1956) 235 Ind. 572, 134 N.E.2d 556; Ind. Civil Rights Comm. v. Int'l. Union, (1979) 179 Ind.App. 407, 385 N.E.2d 1176; Gleason v. Real Estate Comm., (1973) 157 Ind.App. 344, 300 N.E.2d ICRC now attacks the jurisdiction of the Delaware Super......
  • Shipshewana Convenience Corp. v. Board of Zoning Appeals of LaGrange County, 44
    • United States
    • Indiana Supreme Court of Indiana
    • 11 Octubre 1995
    ...based on sex, Indiana Civil Rights Comm. v. United Automobile, Aerospace and Agricultural Implement Workers of America (1979), 179 Ind.App. 407, 410, 385 N.E.2d 1176, 1178, trans. dismissed; discrimination based on religion, Indianapolis Yellow Cab v. Indiana Civil Rights Comm. (1991), Ind.......
  • Drake v. Indiana Dept. of Natural Resources, 1-183A2
    • United States
    • Indiana Court of Appeals of Indiana
    • 1 Septiembre 1983
    ...judicial review is grounds for dismissal based on a lack of jurisdiction. Indiana Civil Rights Commission v. International Union, (1979) 179 Ind.App. 407, 385 N.E.2d 1176. Without some type of transcript, the trial court cannot review the action taken by the administrative agency. The revie......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT