- The Washington Times - Monday, September 3, 2001

The following is excerpted from Executive Order 12800, in which President Bush implemented the Supreme Court's holding in Beck. The order is called "Notification of Employee Rights Concerning Payment of Union Dues or Fees."

By the authority vested in me as President by the Constitution and the laws of the United States, in order to provide employees, labor organizations, and contracting employers with information concerning the rights of employees, and thereby to promote harmonious relations in the workplace for purposes of ensuring the economical and efficient administration and completion of Government contracts, it is hereby ordered as following:
Section 1. The Secretary of Labor ("Secretary") shall be responsible for the administration and enforcement of this order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of this order.
Sec. 2 (a) Except in contracts exempted in accordance with section 3 of this order, all Government contracting departments and agencies shall, to the extent consistent with law, include the following provisions in every Government contract, other than collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8) and small purchase contracts governed by part 13 of the Federal Acquisition Regulation (48 C.F.R. 13.000-13.507), entered into, amended, renegotiated, or renewed, after the effective date of this order.
"1. During the term of this contract, the contractor agrees to post a notice, of such size and in such form as the Secretary of Labor may prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the last sentence shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)):
"Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
"If your believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
"For further information concerning your rights, you may wish to contact either a Regional Office of The National Labor Relations Board or: National Labor Relations Board, Division of Information, 1717 Pennsylvania Avenue, N.W., Washington, D.C. 20570
"2. The contractor will comply with all provisions of Executive Order No. 12800 of April 13, 1992, and related rules, regulations, and orders of the Secretary of Labor.
"3. In the event that the contractor does not comply with any of the requirements set forth in paragraphs (1) or (2) above, this contract may be cancelled, terminated, or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in or adopted pursuant to Executive Order No. 12800 of April 23, 1992… "

April 13, 1992.

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