Founded in 1933, the Indiana Restaurant represents over 1,600 member restaurant properties and industry-related services companies. It is these members that help make the foodservice industry the nation's largest private sector employer and one of the state’s most politically active and public service oriented industries. Our members are the cornerstone of the Indiana community and economy.

Janurary 2012

Indiana became the 23rd state to enact "Right to Work" with Governor Mitch Daniel's signature on House Bill 1001 after it passed the Senate by a vote of 28 to 22. This Right to Work law has been a long time coming and will likely spur a great deal of debate as the November elections approach.

THE KEY PROVISIONS OF THE INDIANA RIGHT TO WORK LAW:

• The law applies to private employers with one of more employees.• Governmental employers and employees are not covered.• A person cannot be compelled to become or remain a member of a labor organization or to pay dues or the equivalent of dues to a

third party or charity - - as a condition of employment.• Any contract, agreement or practice between an employer and a labor organization that does compel membership or dues

payments is unlawful and void.• A person who knowingly or intentionally directly or indirectly violates the law commits a Class A Misdemeanor.• The law will be enforced by the county prosecuting attorney where a court can award actual damages, or liquidated damages of

$1,000, whichever is greater, plus other remedies.• The law does apply to a written or oral contract or agreement entered into, modified, renewed, or extended after March 14, 2012.• The law does not apply to or abrogate a written or oral contract or agreement in effect on March 14, 2012.

The passage of Right to Work in Indiana will have many practical implications for employers that currently are unionized and for those that are not.

IMPORTANT PRACTICAL CONSIDERATIONS FOR INDIANA EMPLOYERS:

• Employers with collective bargaining agreements (CBAs) should review notice of termination provisions of the CBA to assure that the CBA and the Union Security Clause do not extend after CBA termination.

• Employees may have to follow union bylaws to resign from the union. They may have to provide advance notice; be current on dues and assessments; consider possible loss of union pension when no longer a union member; and the employee may have to pay an initiation fee if the employee re-joins the union later.

• The law may weaken an employer argument against joining a union – in other words the cost of dues, fees assessments, initiation fees, and union rules.

• The law may make it easier for an employee to vote for union if it doesn't cost anything.• The law may provide a possible opening for peer and union pressure tactics to sign authorization cards since it doesn’t mean they

have to join the union.• Employees should be aware that the cards they may sign may be applications to become union members, which is permitted if

voluntary and not compelled as a condition of employment.• Employers with CBAs should consider providing information to employees about the new Right to Work law.• Employers in negotiations for first time CBAs should consider backing away from any tentative agreement on a union security

clause since such clauses will now be illegal and void.• Employers in negotiations for first time CBA should be prepared for union concessions to preserve Union Security clause and get

an early agreement before March 14.• Employers in negotiations may now lose some leverage in bargaining for strong Management's Rights clauses in exchange for

agreeing to Union Security and Check off as was often the case before Right to Work.• Be wary of any proposal that would allow reversion to union security or reopen the CBA if there is a change in the Right to Work

law in the future.• Managers and supervisors should be educated about the implications of Right to Work so that they can effectively address

employee questions and confront any union arguments.

Indiana becomes 23rd "right-to-work" state

Local Dining Landmark Tops National ListEndorsed Providers

Please help welcome the newest Members of the IRA family! We are proud to announce our newest members. Please extend a warm welcome to them!Welcome New Members!

Dunaway'sJeff DunawayIndianapoliswww.dunaways.com McDonald's - Owners GroupRandy Shields Fishers

Welcome New Associate Members! A United States Liability Insurance GroupStephen Paul Wayne Offers Monoline or package coverage including liquor liability for restaurants, bars, gentlemens clubs & nightclubs in Indiana

{Indianapolis, IN} – January 23, 2012 – WeddingWire, the nation's leading Wedding website, is excited to announce that Indianapolis dining landmark, Hollyhock Hill has been selected to receive the prestigious WeddingWire Bride’s Choice Award 2012 for BEST Ceremony & Reception Venue!

The esteemed annual awards program recognizes top wedding-related vendors from across the nation who demonstrate excellence in quality, service, responsiveness and professionalism. Unlike many industry awards that are selected by the organization bestowing them, the Bride’s Choice Award’s are determined by feedback and reviews from past newlywed clients.

The Bride’s Choice Award recognizes the best wedding vendors across 20 service categories, from wedding venues to photographers, based on their overall professional achievements throughout the past year. This recognition places Hollyhock Hill in the top five percent of wedding profession-als nationally, which is comprised of over 200,000 wedding professionals throughout the United States and Canada.

“While it is a true honor to be selected as the top Ceremony & Reception Venue, it is even more meaningful to us since it comes directly from our patron, to whom we are very grateful ”, said Jay Snyder, proprietor of Hollyhock Hill. “Weddings create memories that will last a lifetime and we take our role in creating these memories very seriously”, Snyder added.

It is with great pleasure that we congratulate Hollyhock Hill for their continued professionalism and longstanding commitment to enriching the wedding planning experience for engaged couples”, said Timothy Chi, WeddingWire CEO. “WeddingWire is thrilled to honor the success of this top-rated wedding professional”, he added.

To learn more about the Bride's Choice Awards, please visit www.WeddingWire.com. For more information about Hollyhock Hill, please visit www.weddingwire.com/vendor/VendorViewStoreFront?mode=edit&tab=profile

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WeddingWire is the nation's leading marketplace serving the $70 billion wedding industry, is the only online wedding planning resource designed to empower both engaged couples and wedding professionals.

Hollyhock Hill has been a tradition in "family-style" dining since 1928 and is consistently ranked among the top restaurants in the Midwest, famed for its superior "county-style" cuisine, high standards of service and unique ambiance. Hollyhock Hill is a premiere destination for celebrating special occasions and was recently named "America's BEST Fried Chicken" by Travel & Leisure Magazine!

CONTACTS WeddingWire: Kate Hoffman 301.231.9473 press@weddingwire.com

Hollyhock Hill: Jay Snyder or Dean Black 317-251-2294 hollyhockhill@live.com

WEDNESDAY, FEBRUARY 15, 2012

10:00 - 11:15 a.m.Issue Briefing at the Hilton Indianapolis Downtown120 West Market St.Circle City 16

11:30 - 1:00 p.m.“Taste of Hoosier Hospitality” at the Indiana State House

Mark your calendars - it’s time

to stand up for the issues

affecting your business. Join us

at Hospitality Leadership Day

2012 and make a difference!

Please, Join Us!

REGISTER ONLINE AT WWW.INDIANAHOTELS.ORG OR WWW.INDIANARESTAURANTS.ORG

RESTAURANTS: Participate in the Taste

with a sampling booth and attend for FREE!*

*limited space availableCall Stephanie Higgins at

317.673.4211 or email SHiggins@LMVconsulting.comThank you to restaurants

participating!120West/HiltonSlipperyNoodleTripleXXXRestaurantHarry&Izzy’sStElmoSteakHouseDunaways

Special Thanks to:HeartlandPaymentSystemsSysco

If you’re having trouble establishing “just cause” for discharge in your unemployment compensation cases, you’re not alone. Recent developments in the standards for cases involving rule violations and breach of duty create confusion. Practical tips for preparing your case follow.

RECENT DEVELOPMENTS• Effective July 1, 2009, Ind. Code 22-4-15-1(d), the statutory

definition of “discharge for just cause,” was amended as un-derlined: “(2) knowing violation of a reasonable and uniformly enforced rule of an employer, including a rule regarding attendance; (3) if an employer does not have a rule regarding attendance, an individual’s unsatisfactory attendance, if the individual cannot show good cause for absences or tardi-ness.”

• In 2010, the Indiana Supreme Court ruled that, to establish “just cause” for discharge because of a rule violation, “[a]t a minimum, the claimant must have performed some volitional act or have exercised some control over the circumstances resulting in the discharge from employment.” Beckingham v. Review Board of the Indiana Department of Workforce Development and Cenveo Corporation, 927 N.E.2d 913 (Ind. 2010); Giovanoni II v. Review Board of the Indiana Depart-ment of Workforce Development and Clarian Health Partners, Inc., 927 N.E.2d 906 (Ind. 2010). Because of when this case arose, the amendments to Ind. Code 22-4-15-1(d) referenced above were not considered in either case.

• In 2011, the Indiana Department of Workforce Development (“DWD”) published the following regulation: “A work rule will be found to be reasonable if it: (1) is lawful; (2) is related to the employer’s business operations; (3) is intended by the employer to broadly apply to classes, categories, or all employees; (4) does not create a harsh or unconscionable requirement for employees.” 646 IAC 5-8-5

• In 2011, the Indiana Supreme Court held that, in contrast to cases involving rule violations, cases based on a breach of duty to the employer do not require a finding of intent. Recker v. Review Board of the Indiana Department of Workforce Development and FedEx Trade Networks, Case No. 93S02-1105-EX-285 (December 29, 2011). However the Court did not have an opportunity to consider 646 IAC 5-8-6, a regula-tion published by the DWD in 2011 which states that, to quali-fy as a breach of duty for unemployment insurance purposes, the duty must be reasonably connected to the work; reason-ably owed to the employer; and a reasonable employee would recognize a violation of the duty and understand that such a violation could result in discharge. The regulation has seven examples of employee conduct that suggest the DWD may consider intent in breach of duty cases, summarized below:

(1) damaged employer’s confidence in employee’s ability to do the job;(2) willfully failed to meet employer’s reasonable expectation;(3) knew/should have known conduct would negatively impact employer’s financial interests;(4) showed intentional/substantial disregard for employer’s inter-ests;(5) intentionally/knowingly injured/attempted to injure employer’s financial interests;(6) harmed employer by intentionally putting own interests against employer’s;

(7) carelessness or negligence caused damage to employer’s interests.

PRACTICAL TIPS• The employer has the burden of proving “just cause” for

discharge.• Bring documentation of counseling, discipline and discharge,

signed by employee.• Bring witnesses with personal knowledge of the relevant

events. Written witness statements, or having the HR manag-er testify what the person with personal knowledge reported, is not sufficient.

• In a rule violation case, establish: the employer had a rule (bring a copy of the rule); the employee knew about the rule (bring a signed acknowledgment of receipt); the rule was rea-sonable (establish all four points in 646 IAC 5-8-5, referenced above); the rule was uniformly enforced (testimony regarding exceptions to protect the interests of employees in not being discharged for reasons outside their control should not be viewed as inconsistent with uniform enforcement); and the employee knowingly violated the rule (show the employee had some control over the situation leading to the rule viola-tion).

• If the rule at issue is an attendance rule, explain any excep-tions that are in place to protect the employees’ interests. Consider avoiding references to “no fault.”

• In a breach of duty case, establish that the duty was job-re-lated and reasonably owed to the employer by the employee (look for support in offer letters, job descriptions, policy state-ments, etc.); that a reasonable employee would recognize a violation of the duty and would understand that such violation could result in discharge; and, if possible, describe the duty within the context of one of the seven points in 646 IAC 5-8-6, summarized above.

• Regardless of the reason for discharge, because unemploy-ment compensation is intended to assist individuals who are unemployed through no fault of their own, try to show that the employee had some control over the situation leading to discharge.

• Review the free Unemployment Insurance Employer Hand-book (Revised November 9, 2011), located on the DWD website (http://www.in.gov/dwd/2614.htm).

• Finally, remember that rulings that an employer did not have “just cause” for discharge for purposes of unemployment compensation do not suggest the termination was unlawful. They merely mean the employee is eligible for unemployment compensation.

Greg is a partner in the firm’s Employment and Labor Group. Since 1994, he has counseled, trained, and represented employ-ers in a wide variety of employment matters.

Gregory P. Kult 317.860.5341 (direct) 317.639.6151 (firm) 888.639.6151 (toll free) gkult@woodmclaw.com

This article does not constitute legal advice, nor is it a substitute for familiarity with the most current statutes, regulations, ordinanc-es and case law on this topic. Slight differences in factual context can result in significant differences in legal obligations. Consider seeking legal advice with respect to any particular situation.

HAVING TROUBLE WITH UNEMPLOYMENT COMP CLAIMS?By: Gregory P. Kult, Wooden & McLaughlin LLP

Bratwurst Named 'Super' Sandwich Champion: Schnitzelbank In Jasper Sees Swell In BusinessINDIANAPOLIS -- A famed southern Indiana Bratwurst has been named the state's top sandwich.

The seasoned pork links from Schnitzelbank in Jasper took the top prize in the "Super 46" campaign, an effort by the Indiana Office of Tourism Development, the Indianapolis Super Bowl Host Committee and Indianapolis Monthly to showcase Indiana restaurants and foods to Super Bowl visitors.

The Bratwurst is served with zesty mustard on fresh rye bread or soft pretzel and sides of house made German Fries and coleslaw.

"We never dreamed that we would win, but we have so many people to thank for their support, including the entire Jasper community," said Allen Hanselman, owner of the Schnitzelbank.

The restaurant went through 100 pounds of bratwurst each week in January, up from the 30 pounds it typically sells during the slow month.

"The Schnitzelbank is an outstanding Indiana business that has served up traditional German dishes for 51 years at their destination restaurant," said Amy Vaughan, director of the Indiana Office of Tourism Development. "The Super 46 Sandwich competition helped visitors identify locally owned restaurants, like the Schnitzelbank, and increased spending statewide."

The Bratwurst garnered 63 percent of the vote in the final round, beating out Rock Cola 50s Café's Mile High Club Sandwich in India-napolis.

More than 256,000 votes were cast to whittle the 46 sandwiches down to one.

Food rescue groups receive Super Bowl windfallBy Scott Swan - http://www.wthr.com

INDIANAPOLIS - Super Bowl XLVI is having a positive ripple effect on Hoosiers who go hungry every night. Super Bowl parties are donating leftovers to people hungry for a meal

Mouthwatering cuts of meat and trays of vegetables comprise the windfall of rescued food from Super Bowl activities. Now, it is being re-prepared for the city's hungry population.

"We just saved our landfill from having 35,000 pounds of food dumped in there. And it's all perfectly useable, tasty and pretty looking food," said Liz Gimenez, the Director of Hunger Relief for Indianapolis-based Second Helpings. "We received lots of hamburger patties, hot dogs, prime rib, beef tenderloin, pork loin. We also got some chicken wings, ribs and rib tips. It would be nice to send whole steaks and things like that to our hungry neighbors in the city. But we don't have the luxury of doing that most of the time. But this week, we're going to have the luxury of doing that."

Prime rib, beef tenderloin and pork loin - meats not usually donated - are now turned into tasty meals for seniors on the near west side of Indianapolis who visit the Christamore House.

"It saves them money because they don't have to pay for the meal. They can use that money on their prescriptions or anything they want to use it toward," said Sandra Curd.

Thirty residents of the Martin Luther King Community Center are also benefiting from unused Super Bowl food.

"It's a blessing. It's a blessing. I'm old school. I have a thing about throwing away food. When there are people five to six steps from me that are hungry, it hurts. It really hurts," said volunteer Dorothy Miller.

Hosting a Super Bowl brought a million people to the Super Bowl Village and millions of dollars to Indianapolis. But it is also having an impact on people who need food the most.

"I think I would like to make some chicken pot pie," said Gimenez. "We got some diced chicken, some other vegetables, peas and diced carrots, and we're getting some cream sauce coming in. And we actually got some biscuits, so we may be able to do some of that for the children," said Gimenez. "A study was conducted and it was determined that at least 1 in 3 children go to bed hungry every night. And with all the food that's donated and the additional volunteers, that are coming to help us, we're going to be able to feed more chil-dren."

http://www.wthr.com/story/16697852/food-rescue-groups-receive-super-bowl-windfall

WWW.HOOSIERHOSPITALITYCONFERENCE.COM

2012 SPEAKER SNEAK PEEK!DR. JILL BOLTE TAYLOR

SESSION DESCRIPTION: "THE WONDER OF WHAT WE ARE"

TUESDAY, MARCH 13 (8:30 - 9:30 AM)

Jill Bolte Taylor, whose inspirational story of recovery from stroke is recounted in the best-selling book My Stroke of Insight, will deliver the keynote address at the opening Conference session on Tuesday, Mar. 13, at 8:30 a.m. Taylor's presentation, "The Wonder of What We Are," will inspire tourism, lodging, and restaurant professionals as we strive to be leaders in our respective fields.

Dr. Taylor is an adjunct professor at the Indiana University School of Medicine, a Bloomington resident and native Hoosier.

Learn more about Dr. Jill Bolte Taylor on her website: http://www.drjilltaylor.com/

Valpo High grad feeding hungry football fans at Super Bowl XLVIAl Hamnik http://www.nwitimes.com

INDIANAPOLIS | That Tacos Without Borders food truck on Monu-ment Circle has become a watering hole at the oasis, with hungry visitors diving in.

It belongs to Ryan Krcmarich, a 1996 Valparaiso High School graduate who one day could sign a book deal and star on his own celebrity cooking show.

The guy's that accomplished.

Hungry visitors and fans at the Super Bowl Village appear to agree after sampling Krcmarich's tasty cuisine.

"I wanted to challenge myself and basically jump off a cliff doing something I didn't know how to do and basically learn on the fly," he said. "I wanted to put my own life in my own hands."

This is Krcmarich's second year operating a mobile food truck in Indianapolis. He also does extensive catering, specializing in popular ethnic foods.

"The Super Bowl stuff has been quite hectic. It's a tremendous volume of people," he said. "Most Super Bowls like in Miami or Dallas are spread out over a 20-mile square radius with different events staged in different places, whereas in Indy, it's pretty much downtown. There's 150,000 people downtown, but I'm a people person and absolutely love being out there."

It's been a long journey to Nap Town for the 34-year-old, who graduated from Xavier University, earned his master's, lived in six differ-ent states and visited close to 25 others while doing campaign work for the Democratic Party — before devoting his life to food.

"My whole goal is to get people to try new ethnic foods through the comfort of a tortilla," Krcmarich said. "I do about 15 different tacos. I've got three different African tacos, Korean barbecue, Chinese barbecue, Indian and Jamaican jerk ... South American.

"I'm having a blast. It's a lot of work, a lot of hours, but to me it doesn't even feel like a job. It's just so much fun. I love cooking and be-ing around people."

He hopes to one day open his own restaurant. Krcmarich wouldn't divulge what he might earn this week in Indianapolis.

There were two food trucks in Indianapolis when Krcmarich opened for business in 2010. Today, there are 36, with more coming this spring.

"It's just exploded," he said.

Krcmarich has been so busy, he had to pass on a close college friend's seven-day wedding in New Deli, India, where he had been asked to do the catering.

Last year, there was college buddy's wedding in Jordan he couldn't make.

This cliff jumping seems to have really paid off.

Read more online at: http://www.nwitimes.com/sports/football/professional/superbowl/valpo-high-grad-feeding-hungry-football-fans-at-super-bowl/article_129361d3-6018-5d4e-818c-3347ff4ace4a.html#ixzz1liWgxdAR