An Alaska contractor has filed a federal lawsuit challenging an executive branch mandate that forces businesses to sign union agreements to qualify for federal construction work.
Filed on Nov. 5, the lawsuit states that the executive branch cannot exercise powers which the U.S. Constitution and Congress have not granted, such as imposing “sweeping labor policies that Congress never contemplated or approved.”
The lawsuit claims that when unelected officials write binding rules without clear legislative limits, they undermine democratic accountability and threaten the individual liberty that the separation of powers was designed to protect.
At the center of the lawsuit is a company owned by Alaska contractor Bill Slayden. In 1979, he began a small plumbing business out of his garage in Alaska. Over 40 years, his work grew Slayden Plumbing & Heating, Inc. into a leading mechanical contractor employing over 60 people. Today, the vast majority of Slayden’s revenue comes from large-scale federal projects.
Due to what he claims is “executive overreach,” Slayden is now blocked from bidding on the federal projects that generate over 80% of his revenue, unless his company submits to what he believes are unlawful mandates.
Slayden is represented by Pacific Legal Foundation, a national nonprofit law firm that defends constitutional rights and individual liberties that are threatened by government overreach and abuse. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins in 20 cases litigated at the U.S. Supreme Court.
The mandate has forced Slayden into a situation where its employees must affiliate with, and pay dues to, unions – something they do not want to do.
“In recent decades both Democrat and Republican presidents have claimed sweeping authority to impose labor policies that Congress never enacted,” said Kerry Hunt, an attorney with Pacific Legal Foundation, which represents Slayden free of charge. “In their view, the federal Procurement Act delegates unlimited power to pursue whatever labor policy they might like – from raising the minimum wage government contractors must pay to imposing mandates to enter labor agreements with unions. This blatant overreach violates the separation of powers designed to protect our liberty.”
Executive Order 14063 – issued by President Biden in 2022 and continued by the Trump administration – requires contractors on federal projects over $35 million to enter project labor agreements (PLAs) with unions. As a subcontractor, Slayden has no right to negotiate these agreements – the company must accept terms written entirely by others.
As Pacific Legal notes, the mandate has created an environment in which Slayden’s employees “must affiliate with unions, something they have repeatedly declined to do because Slayden provides a robust benefits package.”
According to the lawsuit, Slayden has already withdrawn bids for two projects at Joint Base Elmendorf-Richardson because of the mandate. The company filed suit to restore its right to compete for federal work and defend the constitutional limits on executive power.
ALASKA WATCHMAN DIRECT TO YOUR INBOX
According to Pacific Legal, President Biden’s 2022 Executive Order 14063 torpedoed Bill’s business. The order directed all federal contractors to enter collective bargaining agreements with unions to even compete for large-scale federal construction projects. The Federal Acquisition Regulatory Council turned this into a binding regulation that took effect in January 2024. And the Trump administration is continuing to enforce this policy without change.
“As a subcontractor, Slayden has no right to negotiate these union agreements,” PLA explained. “The company must sign contracts crafted entirely by others, with no leverage or negotiating power.”
The mandate has forced Slayden into a situation where its employees must affiliate with, and pay dues to, unions – something they do not want to do. Slayden offers paid holidays, sick leave, a generous 401(k) match, significant medical coverage, and profit-sharing bonuses, all of which have led employees to consistently choose independence.
15 Comments
This is unfortunate to learn. Union jobs pay better and offer retirement and health benefits to employees. It comes as no surprise that Davis-Bacon, Jones Act and OSHA regulations are under attack by corporate Republicans and the sleezy Trump (Convicted Felon) regime. OPEN THE EPSTEIN FILES!
It sounds like Slayden is alreasy providing better pay and benefits to their employees without being forced to do so by any union. Unions have become a power hungry racket, more interested in promoting political agendas than really taking care of employees or business at hand. Unions should be about representing employees and not lobbying or paying off politicians. No one should be forced to join a union nor should unions be given sole access to contracts. They should be able to stand on good service to employees and not on political entitlement. I hope the lawsuit succeeds. It is worthy for sure.
Slayden does that to get good help, he pays well.
W/out the union “pay scale” that he has to compete with, he will not have to pay as much.
That would be a loss to all of us grunts on jobs (union or not) and most of us vote GOP.
This is not “the South” were non-union is like a religion.
Screw “Dixie” ….. and the peeps that come up here w/ that religion.
Careful what you wish for GOP.
Wages are set by Davis Bacon. Possibly non prevailing wage jobs by a company are paid at a lower rate than those requiring prevailing wage but this was not the case for me when I worked DOT contracts for a non-union contractor. Everyone on a Bacon job classification make prevailing wage as a minimum; and some more.
who gives a rip about the collapsing “healthcare” system when we all know that trauma care is the best of whats left. How short your memory is and how failed your cognizance of what this system showed the last 6 years. retirements? Pay into systems that use our money to get rich while we are taxed layer upon layer after our wages are taxed? Where have you been, under a rock?
Trump is doing a Great job, turning this country around in the right direction. Have a great day, Trump has three more years.
Darlin’, if unions were so great and offer so many benefits, they why would a company such as this have employees not interested in supporting those unions? Oh, because they already get better benefits and their hard-earned pay doesn’t go to propping up a bunch of leftist politicians. That might be one reason, doncha think?
No, they don’t and I have had the experience of knowing that. In private enterprise work, state work and federal government. I paid my dues for better and found that better had a “good Ole boys” network for their close friends. No, paying dues is just money out of pocket for union heads to collect for their bank accounts. Headquarters of those union bosses had many cases of those leaders being charged with theft.
Initially, unions were organized to protect the workers and make sure wages were fair for the work being done. This backdoor demand that private shops and workers have to become “unionized” just to bid on the big jobs they have already been doing, is counter to the idea unions were designed for. The executive branch of government is not designed to “Mandate” anything, and according to The Constitution, things The People can handle, the government should stay out of. I agree this is over reach and abuse of power and should be put to a stop. Go get ’em!
Thank you, Bill Slayden, for doing this!
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May be relevant to recall the Anchorage School District policy reported at: https://mustreadalaska.com/anchorage-school-board-votes-for-construction-monopoly-by-labor-unions/
Unions rob workers. They also have high deductibles on medical plans Employees cannot afford to see a physician. Mafia infiltrated
Unions are nothing but a government backed Mafia.
And, look what is put into elected positions when unions support certain candidates. The population really has a problem.
Lets not forget the union funded schools too, churning out union ideology with union fed instructors and all propped up by the state, it gets deep, just follow the money.
The political activism, left leaning, of unions is well documented. The corruption in the unions built-in to the bid & coontract process is also well documented. The courts need to settle this in favor of small, independent contractors.