Federal Court decides against anti-union Bush Executive Order
January 4 2002 - The Federal District court in Washington, D.C. has upheld arguments made by the UAW that an
Executive Order issued by President Bush last year is invalid. The court
also enjoined continued implementation of the order requiring employers
with federal contracts to advise workers of certain rights (known as
"Beck" rights) to resign from a union and withhold payment of a portion of
union dues. President Bush's order was issued on February 17, 2001.
In essence, the court accepted the UAW's argument that Bush's order
is likely to be viewed by employees as an attempt by employers to discourage
participation in unions, and also that the order interferes with the unions' right
to bargain with employers over communications regarding employee rights.
The court also noted the plaintiffs' argument that "the notice
required by the Order only notifies employers of their NLRA rights against
unions, and not of their NLRA rights against employers, including their right
to participate in union activity without employer interference."
"This decision is a loud and clear rebuke to an effort by the Bush
administration to require even employers with good collective bargaining
relationships to adopt an anti-union stance and further to circumvent the
collective bargaining relationship," UAW President Stephen P. Yokich commented
regarding the decision.
The UAW was joined in the lawsuit by the Office and Professional Employees
International Union (OPEIU), and the UAW Labor and Employment Training
Corporation, a non-profit employer with federal government contracts.