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.