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.