IDAHO STATE AFL-CIO v. LEROY

No. 16074.

718 P.2d 1129 (1986)

IDAHO STATE AFL-CIO, an unincorporated association: James E. Kerns, individually, and as President of the Idaho State AFL-CIO; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Local 983; United Transportation Union Local 78; International Brotherhood of Electrical Workers, Local 449; Brotherhood of Painters and Allied Trades, Local 764; Oil, Chemical and Atomic Workers Union Local 2632; Boise City Typographical Union Local 271; Idaho American Postal Workers Union; H. Fred Liebenau, individually and in his capacity as a member and president of the Boise City Typographical Union Local No. 271; Glen Hatch individually, and in his capacity as a member and president of the Brotherhood of Painters and Allied Trades Local Union No. 764; Leland Raymond, individually, and in his capacity as a member and officer of United Transportation Union Local 78; Rex Cherry, individually, and in his capacity as a member and business manager of International Brotherhood of Electrical Workers Local 449; Carter L. Wilson III, individually, and in his capacity as a member and president of Idaho American Postal Workers Union; Steven H. Gentry, individually, and in his capacity as a member and president of Oil, Chemical and Atomic Workers Local 2632; Paul McKendrick, individually, and in his capacity as secretary-treasurer of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 983; and Warbonnet Electric, Inc., an Idaho corporation, Plaintiffs-Respondents, Cross-Appellants, v. David LEROY, in his capacity as President of the Idaho Senate, and his delegates; Tom Stivers, in his capacity as Speaker of the Idaho House of Representatives, and his delegates; Pete Cenarrusa, as Secretary of State for the State of Idaho; Jim Jones, as Attorney General of the State of Idaho; Shawn Anderson, as Bannock County Prosecuting Attorney and on behalf of all those similarly situated, their successors and assigns, Defendants-Appellants, Cross-Respondents.

Supreme Court of Idaho.

Rehearing Denied May 21, 1986.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., P. Mark Thompson, Deputy Atty. Gen., Boise, for defendants-appellants, cross-respondents.

Patricia L. McDermott, Douglas James Balfour, and Gaylen L. Box, Pocatello, for plaintiffs-respondents, cross-appellants.


DONALDSON, Chief Justice.

On January 31, 1985 the Idaho Legislature overrode the Governor's veto and enacted H.B. 2, a "right to work" bill. The bill was designated as an "emergency bill" pursuant to art. 3, § 22 of the Idaho Constitution which allowed the legislature to thereby render it immediately effective.

That same day, the plaintiffs filed a complaint and motion in Sixth Judicial District Court, Bannock County, for a temporary restraining order...

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