It's just telling that you've got an authoritarian playbook that sort of, at every pass, seems to be more focused on driving up corporate profits at the expense of the American people.
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Department of Labor and Related Agencies
of state or local employees are exempt from this filing requirement. These disclosure requirements help workers and the public understand how union leaders are raising and spending union dues; they also can serve as a vital source of information that helps workers decide if the unions they are asked to join are good stewards of the funds they collect. DOL, under both George W. Bush and Donald Trump, tried rulemakings (known as the Intermediate Bodies Rule) that would require some government unions to file the same information that is required of private-sector unions.
Under President Trump, OLMS required unions to disclose involvement in trusts that they either own a majority stake in or control. In the past, union trust spending has been hidden, and it appears that trust assets have occasionally been corruptly spent for the benefit of private interests in union leadership— such as $30,000 spent on a private party, $37,500 spent on a Montblanc pen, condominiums for those in power, golf outings, and a Ferrari.?° But the Biden DOL eliminated a transparency rule requiring the filing of the T-1 Trust Annual Report.
More generally, OLMS, which is charged with enforcing the law of union disclosure, has historically been underfunded when compared to other DOL agencies. This relative lack of funding has made ensuring disclosure more difficult.
• Enact transparency rules. The substance of the Intermediate Bodies Rule should pass into law, either through rulemaking or through legislation. The T-1 Trust Annual Report annual filing requirement should be restored.
• Increase funding levels. Congress should expand the funding of the Office of Labor-Management Standards.
Duty of Fair Representation. Unions have a duty of fair representation to their members, yet they too often abuse that duty to use their members’ resources on left-wing culture-war issues that are unrelated, and in fact often harmful, to union members’ own interests.
• The NLBB should take enforcement or amicus action advancing the position that political conflicts of interest by union leadership can support claims for breach of the duty of fair representation ina manner analogous to financial conflicts of interest and analogous to breaches of the fiduciary duty of loyalty in other areas of law.
Interpreting “Protected Concerted Activity.” In an effort to prevent
employers from retaliating against workers who express a desire to unionize, certain activities are deemed “protected concerted activity” (under 87 of the NLRA).