Executive Orders 

Foundation Files Formal Comments Opposing Obama Executive Order Implementing Pro-Big Labor Double Standard

It will come as no surprise to those following the Obama Administration's labor policy that another  executive order threatens to advance union bosses' interests at the expense of employers and employees alike. Executive Order 13494 implements a blatant double-standard for federal contractors who are subjected to union organizing drives. The order prohibits contractors from using any federal money to inform employees about the facts of union organizing.

Although this might sound relatively unobjectionable, the new directive reveals itself as a payoff to Big Labor by allowing contractors to write off expenses related to union monopoly bargaining, including company subsidies for union shop stewards and union committees.

This order creates a huge financial incentive for contractors to roll over to coercive union organizing drives, safe in the knowledge that they'll be able to pass on many union-related expenses to the government (we the people). Meanwhile, employer efforts to truthfully inform employees about the downsides of unionization cannot be reimbursed under this discriminatory directive. In other words, this policy effectively forces taxpayers to subsidize union activities. 

Naturally, the National Right to Work Foundation has filed formal comments with the Administration opposing this latest Big Labor-friendly directive. Unfortunately, this executive order is yet another example of the Obama White House's fealty to Big Labor bosses, who helped ensure its loyalty by investing hundreds of millions of dollars to elect Obama in 2008.

Obama Executive Order Leaves Workers in the Dark

Regular Freedom@Work readers may remember a spate of Obama Administration executive orders designed to enhance Big Labor's already-extensive special privileges. Today, the Department of Labor published a final rule implementing Executive Order 13496, which requires government contractors to post notices informing employees of their workplace rights.

At first glance, that seems pretty innocuous. However, when it comes to the union boss-dominated Obama Department of Labor, "innocuous" isn't part of the equation. Here's part of the Department of Labor's explanation of the notice's content in yesterday's Federal Register (emphasis mine):

The final notice retains the provision stating that an employee has the right to not join or remain a member of a union that represents the employee’s bargaining unit. However, the OLMS notes, “further explication of Beck rights will not be included because of space limitations and because of the policy choice, as expressed in Executive Order 13496, to revoke a more explicit notice to employees of Beck rights.”

"Beck rights" refer to the Right to Work Foundation-won Supreme Court decision Communication Workers v. Beck, which guarantees the right of employees to opt-out of union dues for politics, lobbying, and other activities unrelated to workplace bargaining. Although workers in non-Right to Work states can still be forced to pay for union 'representation', they cannot be forced to subsidize union activities that go beyond the scope of negotiating with management.

Many workers remain unaware of their right to opt-out of objectionable union dues, but the Administration's notice avoids any mention of Beck rights. It also does not mention the right to seek decertification of a monopoly bargaining agent or the right to abstain from both union membership and payment of any union dues in Right to Work states. In other words, the new notice intentionally, as a matter of White House policy, keeps workers in the dark about their basic rights, leaving them vulnerable to union bosses who have no qualms about extracting forced dues to fund political activism, lobbying, and members-only activities.

Workers in non-Right to Work states can still be forced to pay union dues just to get or keep a job, so posting Beck notices is no panacea. But informing workers of all of their rights - not just their rights to join or organize a union - provides a modicum of protection against Big Labor's well-known proclivity for redirecting unsuspecting workers' dues to political and lobbying slush funds. Unfortunately, this skewed notice is yet more evidence that the Obama White House and Department of Labor are more interested in stacking the deck in Big Labor's favor than protecting employee rights.

After spending billions of dollars to get Obama and other pro-forced unionism politicians elected, Big Labor is once again reaping its reward through a series of favorable executive orders.


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