Employee Advocate Supports Repeal of Biden-Backed Union Power Scheme Over Temporary Agricultural Workers
National Right to Work Foundation comments: Biden DOL lacked authority to impose pro-union boss regulation over temporary agricultural workers
Washington, DC (September 4, 2025) – The National Right to Work Legal Defense Foundation has submitted comments supporting the Department of Labor’s (DOL) proposal to scrap a Biden-era rule that lays the groundwork for giving union bosses monopoly bargaining powers over temporary agricultural employees. The Biden DOL rule, misleadingly titled “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” also contained provisions that would have given union officials nearly unrestricted power to enter farmers’ private property.
The Foundation’s comments argue that the repeal is justified because the National Labor Relations Act (NLRA), the federal law that lets union bosses gain monopoly bargaining power over most private sector workplaces, specifically exempts agricultural workers from its strictures. Such workers, who often are in the country on H-2A visas, are subject to state agricultural laws. The Biden Department of Labor’s rule, the comments say, is effectively an attempt to override Congress’ exclusion of agricultural workers from the NLRA.
“As now recognized by DOL and various courts considering the Final Rule’s provisions, DOL not only lacks Congressional authorization to take this action, it is defying Congress’ intent to exclude agricultural employees from the…NLRA,” the comments say.
Biden DOL Rule Gives Workers No Power to Resist Unwanted Union Intrusions
The Foundation’s comments also explain that the Biden DOL rule should be repealed because it grants union officials enormous power to enter private farm property to engage in agitation or other disruptive union activities – even over the objections of both workers and employers. Notably, the Biden rule goes well beyond giving union bosses who are invitees of agricultural workers the power to enter private farms, and opens the door to “nearly unrestricted harassment by ‘potential guests’ or unwanted guests of other employees,” the comments state.
The comments further contend that the Biden-era rule on temporary agricultural workers is impracticable because it lacks any kind of enforcement mechanism, and lacks protections for temporary agricultural workers who want to abstain from union affiliation. “If Congress had intended DOL to regulate the ability of agricultural employees to unionize, it would have created an enforcement mechanism within DOL and provided sufficient funding for enforcement,” the comments detail.
Foundation staff attorneys are providing free legal aid to agricultural workers around the country, especially in efforts to challenge state agricultural labor regimes that deny them basic rights of free choice. Employees in California and New York are engaged in federal lawsuits attacking labor laws that let union officials sweep them into dues-paying union ranks without a vote, impose union monopoly bargaining contracts over worker and employer objections, or deny workers the right to file unfair labor practice charges against union officials.
“The Biden DOL rule was a slapdash attempt by federal bureaucrats to give union officials massive new powers over workers in an area that is solely the domain of state law – the agricultural labor sector,” commented National Right to Work Foundation President Mark Mix. “Of course, while claiming to care about temporary agricultural workers, the Biden Labor Department’s rule denied them any kind of right to resist unwanted union campaigns or to file charges against union officials who violate their rights.
“It’s obvious that this union boss power grab lacks any sort of legal underpinning. But it’s important to remember that, outside the agricultural sector, workers all over the country are subject to the National Labor Relations Act’s broken monopoly bargaining system, where union officials in a unionized workplace can impose their will over dissenting workers and often force those employees to pay them union dues or fees,” Mix added. “American workers in all sectors deserve the right to choose freely whether or not union representation is right for them.”
Public Overwhelmingly Opposes Labor Department Proposal to Loosen Union Financial Disclosures
Over 97% percent of comments oppose proposal to let union bosses hide more political spending from workers
The National Right to Work Foundation recently filed detailed comments in opposition to a Department of Labor Office of Labor Management Standards (OLMS) proposed rule to significantly reduce financial disclosures union officials are required to file. With the comment period concluding last week, it is now clear that commenters overwhelmingly agree with the Foundation that the rule should be rejected.
Of 299 public comments submitted, over 97% strongly opposed the rule change.
The full comment submitted by the National Right to Work Foundation can be read here.
The Foundation’s comments note that the rule cannot be justified because workers’ rights will be undermined if union officials are permitted to more easily hide their spending of dues money, including money seized from workers forced to pay dues or else be fired:
“OLMS data for the past year…shows over 7,700 filings from unions with receipts under $450,000 that are located in states that lack Right to Work laws. These unions reported combined annual receipts of over $523 million, annual disbursements of over $514 million, and over 4 million members… The lack of more detailed reporting requirements for these unions therefore harms over 4 million workers by denying them meaningful details…”
These sentiments were echoed by hundreds of Americans, including rank-and-file workers, who are furious with the OLMS for proposing to deprive millions of workers of vital information on how union officials spend their dues payments, especially spending on union political and ideological activities. As over 225 of the comments point out, this change would allow over 850 unions, spending over $200 million annually, to hide their activities from detailed financial disclosure accessible to workers and the public.
Former union members used the public comments to share their personal experiences with union misconduct, and their desire for more accountability:
- A former member of the International Brotherhood of Teamsters shared retaliation he experienced for speaking out about errors in union financial reports.
- A former professor recalled being forced to pay union dues and being coerced into supporting union candidates and policies.
- A former member of the International Brotherhood of Electrical Workers remembers union chiefs spending lavish amounts of money on politicians he would never vote for.
- A former member of the Communications Workers of America felt betrayed by union bosses and urges the Department to make them account for every cent they misuse.
Other detailed comments opposing the rule came from the National Institute for Labor Relations Research, Institute for the American Worker, Yankee Institute, and Coalition for a Democratic Workplace, as well as others.
Of the just seven comments that actually favored the change, a majority were filed by union officials who predictably want more leeway to hide their spending of dues money from the rank-and-file they claim to “represent.”
Among them was the National Education Association (NEA) which unsuccessfully attempted to hide its controversial 2025 handbook from the public just as comments were being solicited.
Meanwhile, union bosses at the AFL-CIO and AFSCME actually argued for even less disclosure to workers than the rule proposed, with AFL-CIO even suggesting that thresholds should be automatically raised every year.
The United States establishes a government of the people, by the people, and for the people. OLMS should reject these union bosses’ personally-motivated requests, and instead listen to the voice of the overwhelming majority calling for this change to be withdrawn.
Worker Advocate Demands Department of Labor and Department of Justice Investigate Michigan SEIU Local’s “Serious Financial Malpractice”
Michigan hospital workers seek to oust Healthcare Michigan union SEIU International recently put into trusteeship
Detroit, MI (June 6, 2022) – Today, National Right to Work Legal Defense Foundation President Mark Mix formally asked the Department of Labor, the Department of Justice, the U.S. Attorney of Michigan, and the Office of Labor-Management Standards to investigate serious allegations of financial wrongdoing by the Service Employees International Union (SEIU) affiliate Healthcare Michigan (HCMI). Foundation staff attorneys are providing free legal aid to workers at Sinai-Grace Hospital who are seeking a National Labor Relations Board (NLRB) decertification vote whether to remove HCMI officials from their workplace.
About the time the workers filed their second decertification petition to end the union’s so-called “representation” of the bargaining unit, the SEIU International announced it was putting the local into trusteeship due to serious and longstanding wrongdoing by local union officials. In her letter announcing the decision to take over the local, SEIU International President Mary Kay Henry concluded that there are “substantiated allegations of serious financial malpractice” and other issues of impropriety at HCMI.
Citing the SEIU’s trusteeship announcement, the National Right to Work Foundation President demanded that officials at the Department of Justice and Department of Labor also investigate HCMI union officials for illegally abusing their power, committing financial misdeeds, and possibly filing false reports with the Labor Department: “Any internal SEIU International investigation will be insufficient. There is a long history of union officials attempting to ignore or downplay corruption in their own ranks.”
The Sinai-Grace Hospital workers’ first petition seeking a vote to oust HCMI union officials was blocked after the NLRB sided with union lawyers in interpreting ambiguous union contract language to find that petition untimely. The sloppy contract language was negotiated by the union officials whom the SEIU International has now removed from power for, among other things, apparent malfeasance in properly accounting for how they spent workers’ dues money.
Undeterred by that NLRB ruling, the workers filed a second decertification petition after the contract with the vague language expired, again with sufficient number of signatures of Sinai-Grace Hospital employees to trigger the vote. NLRB Region 07 is expected to set dates to begin a decertification vote in the very near future.
“These latest developments show why these workers should not have been blocked in their earlier attempt to have a vote to oust HCMI from their workplace,” commented National Right to Work Foundation President Mark Mix. “Union officials frequently look the other way when confronted with wrongdoing by others within the union hierarchy, so it is telling that even an SEIU International top boss says HCMI officials are unfit to run the local.”
“This situation demonstrates that it is time to end Big Labor’s government-granted power to impose its so-called ‘representation’ on workers who don’t want anything to do with a union,” continued Mix. “Rank-and-file workers should not have to navigate the NLRB’s labyrinth of rules for decertification elections just to escape an unwanted union, and individual workers should be allowed to decide for themselves whether to have a union represent them.”










National Right to Work Foundation Submits Comments Opposing Proposed DOL Rule Loosening Union Financial Disclosures
Comments: Rule will let huge number of unions escape meaningful scrutiny over how union bosses spend worker funds while providing no tangible benefits
Washington, DC (July 31, 2025) – The National Right to Work Foundation has just submitted comments regarding the Office of Labor Management Standards’ (OLMS) proposed rule to significantly reduce financial disclosures union officials are required to file with the Department of Labor. The comments warn that the slated rule will deprive millions of rank-and-file workers of vital information on how union officials spend their dues payments, especially spending on union political and ideological activities.
Current financial disclosure rules for unions mandate that unions with $250,000 or more in annual receipts file an LM-2 report with the Department of Labor, while unions with less revenue must only submit less-detailed LM-3 or LM-4 reports, both of which consist of only a few pages. The OLMS’ proposed rule would eliminate the requirement to turn in an LM-2 for all unions except those with $450,000 or more in annual receipts, meaning a large number of unions currently subject to LM-2 reporting would only be required to provide substantially less-comprehensive filings.
“The ‘cost’ of the proposed rule—the information that workers and others will no longer be able to learn about unions—is considerable,” the comments say. “The rule’s ostensible ‘benefit’—reducing union reporting burdens—is not supported by evidence and is insignificant…The costs of the proposed rule greatly outweigh its nonexistent benefits.”
New Rule Will Block Millions of Workers From Seeing Basic Details About Union Spending
The comments emphasize the wide impact of the proposed rule, especially among those who work in states that lack Right to Work protections and for that reason can be forced to pay union dues or fees just to keep their jobs. “OLMS data for the past year…shows over 7,700 filings from unions with receipts under $450,000 that are located in states that lack Right to Work laws,” the comments say. “These unions reported combined annual receipts of over $523 million, annual disbursements of over $514 million, and over 4 million members.
“The lack of more detailed reporting requirements for these unions therefore harms over 4 million workers by denying them meaningful details” regarding how union officials spend their hard-earned money, the comments explain.
Much of this omitted information will include details on how much money union officials spend on overhead and administration as opposed to representational activities in the workplace, not to mention what union bosses are contributing to often-divisive political causes. While LM-2 forms let workers quickly see these figures, the comments say, “[t]he proposed rule will deprive workers of this information about many unions because the LM-3 does not include these reporting categories.”
Knowing less about union political spending will also impede workers’ ability to enforce their rights under the Foundation-won Communications Workers of America v. Beck Supreme Court decision, the comments point out. Beck blocks union bosses from forcing nonmember workers under their control to pay for union ideological expenses or anything unrelated to representational activities. The comments point to contributions disclosed on LM-2s to groups such as ActBlue, Black Lives Matter, and the Democratic National Committee that would no longer be disclosed to workers if the proposed rule were implemented.
Comments Debunk Union ‘Burden’ Arguments Cited by OLMS
The comments also reveal that the main impetus OLMS cites for pushing this proposed rule – that the regulatory burden for unions is too large – has very little evidence to support it. An estimate that OLMS put out about the number of hours that the proposed requirements would save unions is “out of date, fails to account for modern…software, and is not even an estimate of the time it takes impacted unions to complete LM-2 reports, but rather is an estimate of the average time it takes all unions to complete LM-2 reports,” the comments say.
The comments conclude by asking OLMS to eliminate the current system of graduated filing thresholds and instead require all unions to file LM-2 reports. “The benefit of this change is self-evident: workers, the public, and the Department will receive more information about union finances, which in turn will lead to more informed workers and deter and uncover more union corruption,” the comments explain.
“America’s top union bosses are routinely caught abusing the funds they demand from millions of workers across the country, all while promoting divisive and often radical political causes at every level of government,” commented National Right to Work Foundation President Mark Mix. “Acting in the best interests of workers means providing more clarity on how employee money is spent, not less.
“Make no mistake: The OLMS’ proposed rule will benefit union bosses at the expense of rank-and-file workers. Every worker deserves to know the basic details of how their money is being spent by those who claim to ‘represent them,’ and the slated rule would deprive millions of workers of what little information they already have,” Mix added.