The National Right to Work Legal Defense Foundation has submitted an amicus brief in the case of Associated Builders and Contractors v. General Services Administration. This federal case challenges the Biden Administration’s directive that mandates federal agencies to contract exclusively with unionized firms for most federal construction projects.
The Foundation argues that these arrangements, known as Project Labor Agreements (PLAs), infringe upon constitutional rights and conflict with federal law by discriminating against workers and employers who opt not to associate with a labor union. The case is currently under review at the Eleventh Circuit Court of Appeals in Atlanta.
“Foundation attorneys have represented [employees] in cases to protect their right to refrain from subsidizing unions,” states the amicus brief. “The Foundation has an interest in this case because it concerns whether the federal government can lawfully require construction workers to abide by union project labor agreements (PLAs) to work on certain federal projects.”
The brief contends that the Biden Administration’s PLA mandate violates constitutional rights by “forc[ing] workers into a mandatory agency relationship with a union,” where union officials become their sole representatives on workplace issues. It references the Supreme Court’s decision in Janus v. AFSCME and similar Eleventh Circuit precedent, asserting that compulsory union representation infringes on workers’ First Amendment rights.
Furthermore, the brief claims that the PLA mandate is inconsistent with federal law, as it compels employers and unions into labor contracts, a power not granted to the federal government by the National Labor Relations Act (NLRA). The Federal Property and Administrative Services Act (FPASA), which governs federal contracts, does not authorize actions prohibited under the NLRA, according to the brief.
In 2022, the Foundation opposed this rule by submitting comments stating there is no legitimate legal or policy basis for enforcing union-only PLAs on major federal construction projects. They described it as “naked political payback” by the administration to its union supporters.
“The Biden Administration’s PLA mandate is a slap in the face to nearly 90 percent of American construction workers, who have chosen not to affiliate with a union,” commented Mark Mix, President of the National Right to Work Foundation. “It also forces taxpayers to pick up the tab on the enormous costs of inefficient union work rules.”
Mix further stated that nonunion employers and construction workers deserve fair opportunities on significant federal projects and criticized what he called an illegal attempt by the administration to benefit its union allies.
