UAW Wins Federal Court Decision Against Anti-Union Bush Executive Order

DETROIT, Jan. 7 -- The Federal District court in Washington, D.C. has upheld arguments made by the International Union, UAW that an Executive Order issued early in the Bush presidency is invalid. The court also enjoined continued implementation of the order that required employers with federal contracts to advise workers of certain rights (commonly known as "Beck" rights) to resign from a union and withhold payment of a portion of union dues. The order was issued by President Bush on February 17, 2001. In essence, the court accepted the argument by the UAW that the Bush order is likely to be viewed by workers as an attempt by employers to discourage participation in unions, and that the order also interferes with the right of unions 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.