Washington D.C. Employment Law Update : Washington D.C. Employment Lawyer & Attorney : Littler Mendelson Law Firm : Virginia, Tyson's Corner

A bill that would repeal the provisions in the National Labor Relations Act (NLRA) and the Railway Labor Act (RLA) that permit employers and unions to draft agreements requiring union membership and payment of union dues or fees a condition of employment was reintroduced in the Senate on Tuesday. Sen. Jim DeMint (R-SC) introduced the National Right-to-Work Act (S. 504), which was co-sponsored by seven others. Sen. DeMint last introduced this measure during the 110th Congress, with Rep. Steve King (R-IA) sponsoring a similar bill in the House in 2009.  This bill has been introduced a dozen times in the House and Senate since 2001, but each time it has failed to sufficiently advance. Currently, twenty-two states already have right-to-work laws in place. A number of the remaining states have similar laws pending in their legislatures.

In a statement, Sen. DeMint said:

No American should be forced to join a union and pay dues to get a job in this country. Many Americans are already struggling just to put food on the table, and they shouldn’t have to fear losing their jobs or face discrimination if they don’t want to join a union. Forced-unionism shields unions from member accountability and has a detrimental effect on the economy. In states where companies are forced to hire only union workers, businesses have struggled to compete while they deal with counterproductive work rules.

This measure has been referred to the Senate Committee on Health, Education, Labor and Pensions. Given the current composition of the Senate, however, this bill will likely share the fate of its predecessors.

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A final rule (pdf) slated for publication in tomorrow’s Federal Register will revoke the requirement that federal contractors inform employees of their rights regarding the payment of union dues or fees. On January 30, 2009, President Obama issued Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws that requires government contractors and subcontractors to post notices outlining employees’ rights under the National Labor Relations Act (NLRA). Executive Order 13496 also revokes Executive Order 13201 – Notification of Employee Rights Concerning Payment of Union Dues or Fees – issued by former President Bush on February 17, 2001. Executive Order 13201 had required that federal contractors post a notice to its employees informing them that: (1) they are not required to join or maintain membership in a labor union; and (2) that those who are not union members – but are nonetheless required to pay dues or fees pursuant to a union security agreement – can object to paying a portion of those dues or fees to support activities that are not related to collective bargaining, contract administration or grievance adjustment. The final rule deletes the portions of the Federal Acquisition Regulation (FAR) that require or refer to the union dues or fees notification requirements of the revoked Executive Order.

With respect to the mandate that contractors post notices outlining an employee’s rights under federal labor laws, the Department of Labor (DOL) in August issued a proposed rule that describes what these notices should include, which entities are covered, and explains the sanctions, penalties, and other remedies that may be imposed in the event of noncompliance. A final rule on these requirements has not yet been issued.

This entry was written by Ilyse Schuman.

Photo credit:  Boris Yankov

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