INDIANAPOLIS | The Indiana House and Senate are likely to vote on separate but nearly identical right-to-work proposals this week, even as a recent poll finds nearly half of Hoosiers don't know what right-to-work is.
The following questions and answers are intended to cut through the political rhetoric and present the facts about right-to-work.
What does the right-to-work legislation (House Bill 1001, Senate Bill 269) say?
A business may not require an individual to become or remain a member of a labor organization; or pay dues, fees, assessments or other charges of any kind or amount to a labor organization as a condition of employment.
Each employee could sue for damages, a $1,000 fine, attorney fees and court costs if a business directly or indirectly violates or threatens to violate the law.
The legislation does not guarantee anyone a job.
Who wants right-to-work?
Top Republicans, including Gov. Mitch Daniels and House Speaker Brian Bosma, and the Indiana Chamber of Commerce are the leading proponents of right-to-work.
Why?
They claim Indiana is disqualified in as many as half of company relocation competitions because the state doesn't have a right-to-work law, causing Hoosiers to miss out on thousands of potential new jobs.
Is that true?
It's hard to know. The Indiana Economic Development Corp., a state agency, says it's prohibited by confidentiality agreements with businesses from providing a list of companies that bypassed Indiana because the state doesn't have a right-to-work law.
Who's opposed to right-to-work?
All Democrats in the General Assembly, some Republican lawmakers and the state's labor unions.
Why?
Most Democrats believe right-to-work is intended to weaken labor unions because they tend to support Democratic candidates for office. Republicans opposed to right-to-work don't want government dictating the terms of business contracts.
How does right-to-work weaken unions?
Most businesses with union workers require nonunion employees to pay fees for collective bargaining and grievance services, which federal law requires unions provide to all employees if the union is the exclusive bargaining agent. Unions don't have to be exclusive agents but almost always are because businesses prefer to deal with only one union.
Under right-to-work, nonunion employees don't have to pay those fees, but unions still have to provide them services. That leaves union members footing the bill and reduces the resources available to negotiate effectively, unions say.
How does this end?
The votes expected in the House and Senate this week are only the halfway point for right-to-work. Each chamber must still approve the other's work and members of both chambers likely will have to meet in a conference committee to agree on a final bill that will be voted on again by the House and Senate.
Look for right-to-work to remain a divisive issue until the Legislature adjourns in March.
If right-to-work passes, unions will work to defeat lawmakers who voted for it in hope of repealing it, as they did in 1965 after Indiana enacted right-to-work in 1957.
If it fails, Daniels will be handed perhaps the biggest defeat of his governorship, and Bosma and Senate President David Long, R-Fort Wayne, will be severely weakened as legislative leaders. All three men are expected to do all they can to ensure it passes.
