Union Will Sue for Pay in Shutdown

The Hill reports:

The head of the largest federal employees union said Tuesday that his group would likely file a lawsuit against the federal government for workers’ pay if a shutdown occurs.

Speaking at the National Press Club, John Gage, national president of the American Federation of Government Employees (AFGE), said his union would consider filing a claim under the Constitution’s 13th Amendment in the event of a shutdown since some workers would have to work without pay to keep vital operations up and running.

“We are looking at that actively,” Gage said of a lawsuit.

The 13th Amendment became law in 1865, ending the practice of slavery and indentured servitude in the United States. AFGE lawyers say the law applies in the instance of a government shutdown since federal workers who are deemed “essential” to government operations could be forced to come to work without pay on the threat being fired.

The federal government will run out of funds this Friday unless Democrats and Republicans can resolve their differences over spending cuts and agree upon a new spending measure for the rest of the fiscal year.

David Borer, AFGE’s general counsel, said the federal government can’t force employees to come work without pay “under threat of physical or legal compulsion.”

“If you’re deemed ‘essential,’ you have to come into work. If you don’t, you would be fired. That’s your legal compulsion right there,” Borer said. “That was supposed to end in 1865 but here we are.”