House Committee on Education and Labor
U.S. House of Representatives

MEMO 

TO:  Interested Parties
FROM:  Education & Labor Committee Republican Staff
DATE:  14 December 2007
RE:  Possible Labor Policy Riders on Omnibus Spending Bill

As Democrats meet behind closed doors to cobble together an omnibus spending bill to cover the unfinished FY 2008 appropriations measures, Republicans are working to shine a spotlight on the hidden policy agenda that could be lurking within the massive package.  The first session of the 110^th Congress has been characterized by special interest paybacks, showcased by Democrats’ advancement of Big Labor’s agenda.  They started the year by stripping workers of their right to a secret-ballot organizing election.  It’s only fitting that they would conclude it in the same cynical fashion, by seeking to sneak Big Labor’s “wish list” into a massive spending bill.  All in a transparent attempt to swell the ranks of dues-paying members no matter the cost to American businesses, or to workers themselves. 

Below is a brief analysis of how Big Labor’s agenda could be slipped into the year-end spending package. 

• Union Accountability.  Democrats may seek to prevent the Office of Labor Management Standards (OLMS) from implementing improved conflict of interest disclosure forms for union leaders.  The updated forms are intended to provide greater transparency and more meaningful information to rank-and-file union members.  This comes on top of moves by Democrats to cut funding for OLMS, the only government agency dedicated to protecting the rights of dues-paying union members.  By quietly blocking use of these improved union accountability tools at the eleventh hour, Democrats would once again place the priorities of union bosses ahead of the need for strong union accountability and workplace democracy. 
• Davis-Bacon.  All year long, Democrats have perpetuated a methodical expansion of the reach of the Depression-era Davis-Bacon wage mandates; the last minute omnibus spending bill could be another avenue for this costly, bureaucratic plan.  By inflating labor rates, Davis-Bacon wages increase the costs of federal projects by as much as 15 percent – costs which get passed on to the taxpayers – and force private companies to do hundreds of millions of dollars of excess administrative work each year.  Democrats have sought to expand Davis-Bacon applicability under the Homeland Security spending bill, a move that could increase disaster recovery costs and delay disaster recovery projects.  Imposition of Davis-Bacon may not stop there – Democrats could also seek to expand its application to energy and transportation programs along with countless other federal initiatives. 
• Mine Safety.  After Congress last year passed the most sweeping mine safety reforms in a generation, Democrats may use the year-end spending package to circumvent the ongoing regulatory process and impose new, overly proscriptive requirements in an unworkable timeframe. 
• Genetic Non-Discrimination.  Despite progress made this year to develop strong, bipartisan protections against genetics-based discrimination, Democrats could use the expansive year-end spending bill to force through their own version of genetic non-discrimination legislation.  Because Republicans are being blocked from the negotiating table, it is unclear whether this significant policy maneuver would contain the provisions sought by Republicans earlier this year to ensure strong protections for workers while avoiding unintended consequences. 
• Public Safety Employer-Employee Cooperation Act.  Democrats may attempt to insert the Public Safety Employer-Employee Cooperation Act (H.R. 980) into the year-end spending bill, circumventing a legislative process that is well under way. 
• Job Training.  The massive omnibus spending package could be used to prohibit the Department of Labor from updating regulations for the Trade Adjustment Assistance Act and the Workforce Investment Act, two statutes that offer critical assistance to Americans impacted by globalization and those in need of job training. 
• Oversight of Criminal Labor Activities.  Tucked in the omnibus spending bill could be an effort to narrow the Department of Labor’s jurisdiction over labor racketeering and organized criminal enterprises, limiting responsibility exclusively to the Inspector General while excluding the rest of the Department. 

With Democrats racing to complete their unfinished appropriations business, the package’s massive size should not be used to give cover to significant policy shifts, particularly those designed to reward political allies.  As the omnibus package comes together, Republicans will examine its provisions with a fine tooth comb to expose hidden political riders that would bring about major policy consequences.