Sean Hackbarth Sean Hackbarth
Senior Editor, Digital Content, U.S. Chamber of Commerce


March 06, 2017


Congress’ regulatory roll back rolls on with an Obama administration rule targeting federal contractors.

Last year, federal regulators finalized rules implementing President Barack Obama’s Fair Pay and Safe Workplaces Executive Order. According to Marc Freedman, U.S. Chamber executive director of labor law policy, under the “Blacklisting Rule,” “federal contractors must disclose mere allegations of federal labor violations, potentially locking them out of federal contracts without giving them a chance to challenge the charges” [emphasis his].

Few would consider treating businesses as “guilty until proven innocent” as fair treatment in this country.

What’s more, the executive order and the accompanying rules had “nothing to do with improving federal contracting and everything to do with giving unions more tools for them to use against employers,” Freedman added.

One labor union acknowledged this fact, noting the Blacklisting Rule would “increase their bargaining power by the simple expedient of filing meritorious charges with the NLRB, OSHA, the EEOC, or the DOL.”

In February, the House of Representatives voted to repeal the Blacklisting Rule using the Congressional Review Act. The U.S. Chamber sent a Key Vote letter asking the Senate to follow suit, and it did.

"This is a perfect example of a regulation that deserves to be struck down by the Congressional Review Act," said U.S. Chamber of Commerce Senior Vice President of Labor, Immigration, and Employee Benefits Randy Johnson. "The purpose of the regulations implementing President Obama’s grossly defective and unconstitutional executive order was to give unions another source of leverage against employers for organizing or contract negotiations."

It's now off to the White House for President Donald Trump's signature.

Businesses shouldn’t have to sacrifice their due process rights in order to do work for the federal government.

About the authors

Sean Hackbarth

Sean Hackbarth

Sean writes about public policies affecting businesses including energy, health care, and regulations. When not battling those making it harder for free enterprise to succeed, he raves about all things Wisconsin (his home state) and religiously follows the Green Bay Packers.

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