Obama Signs a Series of Executive Orders to “Level the Playing Field” for Labor Unions

By Desiree Throckmorton

President Obama has created a task force, led by Vice President Joe Biden, to boost middle class workers. On Friday January 30, 2009, President Obama signed three Executive Orders (EO) that will (1) require federal contractors to offer jobs to current workers when contracts change hands, (2) reverse a Bush administration order requiring federal contractors to post notice that workers can limit financial support of unions serving as their exclusive bargaining representatives, and (3) will prevent federal contractors from being reimbursed for expenses meant to influence workers deciding whether to form a union and engage in collective bargaining. The second movement will overturn an Executive Order requiring federal government contractors to post notices to employees explaining their rights regarding union membership and the associated fees. In some states union members have the option of limiting the financial support they pay their union. The EO also required that government contracts and purchase orders, entered into on or after April 18, 2001 and over $100,000, include reference to the specific EO. The Office of Federal Contract Compliance Programs (OFCCP) enforced EO 13201 and conducted onsite audits to ensure that federal contractors and subcontractors were in compliance. The Federal Contractor community is awaiting guidance from OFCCP – it may depend on when the onsite audit was scheduled.