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No. 1
Spring 2001

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Bush Issues New Directives
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line Internal Investigation Records Ruling
line Unfair Labor Act Judgement
line Romance In The Workplace Revisited
line Collective Bargaining Impasse Issue
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button Bush Issues New Directives - Labor Relations News

"Bush Issues 4 New Executive Orders"

February 17th Executive Orders Are Signal A New Start The White House Press Secretary released the following summary statement regarding the 4 new executive orders issued on February 17th, 2001 by President George W. Bush:

"The four executive orders signed by the President today are based on the principles of fair and open competition, neutrality in government contracting, effective and efficient use of tax dollars and the legal right of workers to be notified of how their dues may be used."

Below are brief summaries outlining the title and purpose of each executive order, followed by a link taking you directly to the full text of the executive order as issued by President Bush.


1.   The first executive order requires that contractors post notices informing workers of their right not to pay union dues for political purposes.

The executive order is titled:

Notification of Employee Rights Concerning
Payment of Union Dues or Fees

The White House Press Secretary had this to say about this executive order:

"President Bush agrees with the Supreme Court ruling affirming the right of workers to be notified and object, if they so choose, to their union dues being used for purposes other than collective bargaining."

Within the executive order it states:
"When workers are better informed of their rights, including their rights under the Federal labor laws, their productivity is enhanced."

Here is the text of the notice that is to be posted in the prescribed locations listed in the executive order:

*    *    *    *    *    *    *

"NOTICE TO EMPLOYEES

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

"If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

"For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address:

National Labor Relations Board
Division of Information
1099 14th Street, N.W.
Washington, D.C. 20570

"To locate the nearest NLRB office, see NLRB's Website at www.nlrb.gov."

*    *    *    *    *    *    *

To read the full text of the executive order, including the regulations about this notice and the consequences for non-compliance just "Click here".


2.   The second executive order reduces job protection for certain federal contractors' employees when the projects they are working on are awarded to other contractors.

The executive order is titled:

Revocation of Executive Order on Nondisplacement
of Qualified Workers Under Certain Contracts.

Within the executive order it is stated that,
"Executive Order 12933 of October 20, 1994, which requires, with respect to contracts for public buildings, that successive contractors offer a right of first refusal of employment to employees of the prior contractor, is revoked."

Also included is this notice:
"The Secretary shall terminate, effective today, any investigations or other compliance actions based on Executive Order 12933 of October 20, 1994."

To read the full text of the executive order just "Click here".


3. The third executive order immediately dissolves the National Partnership Council, which was formed under the Clinton administration to assist in dispute resolution between government agencies and unions.

The executive order is titled:

Revocation of Executive Order and Presidential Memorandum Concerning Labor-Management Partnerships.

This new executive order states:

"Executive Order 12871 of October 1, 1993, as amended by Executive Orders 12983 and 13156, which established the National Partnership Council and requires Federal agencies to form labor-management partnerships for management purposes, is revoked."

To read the full text of the executive order just "Click here".


4. The fourth executive order rescinds the "project labor agreement" - which gave priority to unionized employers on certain federal projects.

The executive order is titled:

Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects.

The White House Press Secretary had this to say about this executive order:

"Government contracting decisions should be neutral, neither requiring nor prohibiting project labor agreements, seeking the highest quality at the best price to ensure that government is a responsible steward of the American people's hard-earned tax dollars."

As well as:
"Government contracting should also be fair and open to ensure that all workers can compete for jobs on a level playing field as well as contractors, particularly small, minority or women-owned businesses."

The main part of the executive order reads:

Section 1. To the extent permitted by law, any executive agency awarding any construction contract after the date of this order, or obligating funds pursuant to such a contract, shall ensure that neither the awarding Government authority nor any construction manager acting on behalf of the Government shall, in its bid specifications, project agreements, or other controlling documents:

(a) Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or

(b) Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s).

(c) Nothing in this section shall prohibit contractors or subcontractors from voluntarily entering into agreements described in subsection (a).

To read the full text of the executive order just "Click here".


Summary:

We think it is fair to say that these executive orders signal a change in direction for labor laws as governed by the Bush administration.

The Unions are howling about the change in direction, but given the big money and manpower lent to the Gore campaign they should not be too surprised. Additionally professional HR types have been saying all along that the Clinton/Gore Administration had gone overboard with executive orders in setting labor policy. Most of what the Bush Administration has done returns matters to what they were before Clinton. No new ground only the same rules as 8 years ago.


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