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AFSCME v. CITY OF GARY

No. 45A03-9010-CV-468.

578 N.E.2d 365 (1991)

AMERICAN FEDERATION OF STATE, County and Municipal Employees, Afl-Cio; Indiana Council 62, American Federation of State, County and Municipal Employees, Afl-Cio; and Local 349, American Federation of State, County and Municipal Employees, Afl-Cio, Appellants-Plaintiffs, v. CITY OF GARY and Thomas V. Barnes, in His Official Capacity of Mayor of the City of Gary, and Gary Employment Relations Commission, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

September 16, 1991.

Attorney(s) appearing for the Case

Richard J. Darko, Mary Jane Lapointe, Lowe Gray Steele & Hoffman, Indianapolis, Samuel J. Goodman, Goodman Ball & Van Bokkelen, Highland, for appellants-plaintiffs.

Cora M. Vaughn, Vaughn & Associates, Gilbert King, Jr., Gary, for appellees-defendants.

HOFFMAN, Judge.

Appellants-plaintiffs (hereinafter referred to as "AFSCME") appeal the decision of the Lake Circuit Court refusing to order their certification as the exclusive bargaining representative of the City of Gary employees.

The facts relevant to this appeal disclose that in November of 1987, Richard G. Hatcher, outgoing mayor of the City of Gary, purported to recognize AFSCME as the exclusive bargaining representative of all city employees and subsequently...

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