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Union: Right-to-work law akin to slavery

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    Indiana union sues the state under 13th Amendment

  • Duration 4:07
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This transcript is automatically generated

We're also tracking unprecedented.

Legal developments today from the state of Indiana.

-- -- of engineers is suing that state under the thirteenth amendment.

-- the states and right to work law is unconstitutional.

Why.

Because the union says forcing it's members.

To work alongside.

Nonunion personnel.

Who were enjoying the same benefits that the union members are.

Is like slavery.

Joining me now as a member of that union high standard life with the legislative affairs director of the international union of operating engineers local 150.

Todd this is an unusual claim I gotta give it to you because that we get a little meet legal research -- to -- if -- been tried before.

And not exactly in this context just explain for our viewers how it is that.

Having a right to work law which gives people the choice about whether they want to be in the union are not at the shop like yours.

Is equivalent in your mind to slavery or indentured servitude.

Well what happens Megan is that there are two components for the right to work well there's ones part of it says you don't have to be a member of the union.

But the other part of the law says that we cannot charge dues fees are assessments.

For the representation that we provide.

So what in the fact what they're doing is they're coming -- common daring.

-- our services for our business agents for representation are lawyers for grievance work and all the negotiations that we do in the Indiana constitution.

Has a clause under section 21 says no person's particular services shall be taken without just compensation.

And we see that the thirteenth amendment which abolished indentured servitude is federal all compatible can be -- part of the complaint through this.

Said that the logic behind the thirteenth amendment indicate slot that followed was that you were forced you were forced to do the work you were forced to be -- -- there was no choice.

You are not forced to go in there and bargain on behalf of the union you're not forced to work against the folks who don't join the union.

You can you can quit so that's the legal challenge you're gonna face in this -- Well that's one part of it but remember that we are now caught between state law in federal law.

The state law says we cannot charge for a particular services that we do.

But under federal labor law we are obligated to represent every person in the bargaining unit.

Unit members were not members alike.

And if we don't represent people who choose not to be members and not to pay any dues than we get what's called -- duty for fair representation complaint against us -- under federal law we are obligated once we become a certified bargaining agent for a particular unit.

That we have to represent them under federal law and now the state is saying.

That we can charge for those services or recoup any of our fees.

And therefore we get a whole bunch of freeloaders in the system so we are having our services are commandeered and it is a force you know force representation without compensation.

Why can't you just say you know I have a problem with that Indiana and I'm not gonna participate and all of this anymore -- -- -- -- shop we're not gonna.

Participate -- union representatives in this particular company we're out here.

Well we have thousands of members in the state of Indiana that we've worked long hard to represent the construction industry.

Were -- the BP refinery over in Whiting Indiana.

There's a lot of families that you know old rely on the representation we give them for their wages for their health care.

For their pensions and things like that so are just walking away from our members is not an option we do a good job representing -- we think that -- old with the things in the products that we provide provide -- work environment are things that are good for the industry.

We able.

Training facility that is second -- -- the country.

That we pay for -- I got -- pockets to but it sounds like what you're saying is that we can't walk away because it would hurt some people but that is a decision which is not you know.

What the slaves had for example this is -- I actually think it's an interesting legal theory.

That is unprecedented so we'll see how your case plays out Todd thanks so much for coming on talk about it.

Thank you very much Megan -- had to come -- to --

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