labor lawAdivision of labor law center

In one of his first official acts, President Barack Obama signed 3 executive orders reversing employment policies introduced under the Bush administration.

 

The executive orders reversed Republican policies that many Democrats considered anti-union. However, employers argue that these new policies will further hamper employers – especially federal contractors – trying to compete financially in a tight market.

 

The new policies require federal contractors to inform employees of their rights to form unions. They also require federal contractors to offer jobs to current workers when contracts change, and make it more difficult for employers to discourage union activities, according to the New York Times.

 

Under one of the executive orders, when a government service contract expires and there is a new contract to perform the same services at the same location, the new contractor has to retain the old workers. Proponents point out that keeping trained, experienced workers on the job is in the federal government’s best interest. However, opponents of this plan insist that contractors can save money by regularly cleaning house and routinely firing all the workers, training new ones.

 

According to executive order 13496, “The Federal Government’s procurement interests in economy and efficiency are served when the successor contractor hires the predecessor’s employees. A carryover work force reduces disruption to the delivery of services during the period of transition between contractors and provides the Federal Government the benefits of an experienced and trained work force that is familiar with the Federal Government’s personnel, facilities, and requirements.”

 

This executive order is properly titled The Non-displacement of Qualified Workers under Service contracts Executive Order.

The second executive order, the  Notification of Employee Rights Under Federal Labor Laws Executive Order reverses a Bush administration regulation that required employers to post signs informing workers of the right to limit financial support of unions who are bargaining on their behalf. In short, this executive order removes an impairment to unions in the workplace.

 

Finally, the Economy in Government Contracting Executive Order prohibits government contractors from being reimbursed for expenses incurred in discouraging employees to form unions. Under the Bush administration, federal contractors could require the government to pay for efforts to inform or influence workers to reject unions. Under the new executive order, the employer – not the taxpayer – will be paying for such efforts.

Some Republicans predict that there will be an attempt to pass laws to reverse some or all of these executive orders.

 

 

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