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Right-to-work foundation challenges Biden's union-only rule for federal projects

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Right-to-work foundation challenges Biden's union-only rule for federal projects
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

The National Right to Work Legal Defense Foundation has submitted an amicus brief in a federal case concerning the Biden Administration's directive requiring federal agencies to contract only with unionized firms for most federal construction projects. This legal action is part of the case Associated Builders and Contractors v. General Services Administration, which is currently before the Eleventh Circuit Court of Appeals in Atlanta.

The Foundation argues that these Project Labor Agreements (PLAs) infringe upon constitutional rights and conflict with federal law by discriminating against workers and employers who choose not to join labor unions. The brief states, “Foundation attorneys have represented [employees] in cases to protect their right to refrain from subsidizing unions.” It emphasizes that the case concerns whether the government can lawfully require adherence to PLAs for certain federal projects.

According to the brief, the Biden Administration’s PLA mandate violates constitutional principles by forcing workers into mandatory relationships with unions, citing Supreme Court precedent from Janus v. AFSCME and similar decisions by the Eleventh Circuit regarding First Amendment rights.

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Additionally, the Foundation contends that this mandate conflicts with federal law as it compels labor contracts between employers and unions—a power not granted under the National Labor Relations Act (NLRA). The brief argues that actions impermissible under NLRA cannot be enforced through other laws like the Federal Property and Administrative Services Act (FPASA).

In 2022, comments were submitted by the Foundation opposing this rule, stating there was no legitimate basis for enforcing union-only PLAs on major federal projects. They labeled it as "naked political payback" by President Biden's administration.

Mark Mix, President of the National Right to Work Foundation, criticized this policy as detrimental to nonunion workers: “The Biden Administration’s PLA mandate is a slap in the face to nearly 90 percent of American construction workers,” he said. Mix also highlighted concerns over increased costs due to union work rules and called for blocking what he termed an illegal attempt by the administration.

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