July 7, 1992 IMPLEMENTING THE BECK DECISION +quot;No worker should be forced to have money
July 7, 1992
IMPLEMENTING THE BECK DECISION
"No worker should be forced to have money taken out of his
paycheck to fund politicians [with whom] he disagrees."
President George Bush
March 20, 1992
o The President is committed to promoting harmony in the
workplace and preventing the abuse of workers' rights.
Employees have the right to know how their union dues and
fees are being spent, and to refuse to subsidize political
activities with which they disagree.
o To achieve these goals, the President has announced a series
of measures to implement the Supreme Court's decision in
Communications Workers of America v. Beck and other legal
The Beck Decision
o In Beck, the Supreme Court held that a union may not, over
the objection of a non-union member employee, spend dues or
fees collected from such an employee on activities unrelated
to collective bargaining, contract administration, or
grievance adjustment. In particular, a union may not spend
an employee's dues or fees to fund political candidates or
causes over the employee's objection.
o The President is taking steps to implement the Beck decision
because some employees have been hindered from exercising
their Beck rights when they have objected to the use of
their dues for purposes unrelated to collective bargaining,
contract administration, or grievance adjustment.
The President's Executive Order
o The President's Executive Order, signed on April 13, 1992,
ensures that employees of Federal contractors are made aware
of their rights under the Beck decision. Through the
Executive Order, the President is protecting the fundamental
rights of working Americans.
o The Executive Order requires all Federal agencies to now
include in their contracts a provision obligating the
contractor to post workplace notices informing its employees
of their worker rights: the right to refrain from joining a
union; the right of non-members to object to the use of
their mandatory union payments for purposes -- such as
political activities -- unrelated to collective bargaining
activities; and the right to obtain appropriate refunds and
reductions in future payments.
o The Executive Order will be administered by the Secretary of
Labor, who will monitor Federal contractors to ensure
compliance and work with contracting agencies to impose
appropriate sanctions (including debarment from Federal
contract opportunities) for non-compliance.
Additional Implementation Initiatives
o The Department of Labor has issued a proposed rule amending
the financial reporting requirements for unions. The
proposed rule would require unions to report expenditures
according to how funds were spent, such as on contract
negotiation and administration, safety and health, political
activities, and other areas. This reporting by function
will enable workers to monitor expenditures by their union
in greater detail.
o The National Labor Relations Board, the agency that enforces
the National Labor Relations Act, has begun a rulemaking
proceeding to implement the Beck decision on several related
issues. This rulemaking promises to implement the Beck
decision more efficiently than would be done under case-by-
case adjudication of the hundreds of cases now in the
Board's adjudication system.
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