Punching In: Trump’s Pro-Union Move Rankles Senate Republicans

Monday Morning Musings for Workplace Watchers

Trump’s PLA Play | Differing Ideas of OSHA

Rebecca Rainey: Senate Republicans are chafing at President Donald Trump’s decision to leave in place a Biden-era project labor agreement mandate for large federal construction projects, as the president tries to balance the interests of union members that voted for him with competing demands from his party and businesses.

A group of nearly two dozen GOP senators pressed the president to rescind a 2024 rule requiring bidders on federally-funded construction contracts above $35 million to enter into a pre-hire pact with a union that covers the terms and conditions of the entire project.

“The rulemaking threatens the competitiveness of infrastructure bids, increases construction costs, and delays work on federal construction contracts procured by federal agencies such as the U.S. Army Corps of Engineers and the General Services Administration,” a letter led by Republican Sens. Bill Cassidy (La.) and Katie Britt (Ala.) said.

The push from Republicans on Capitol Hill comes after the Office of Management and Budget sent a memo to federal agencies last month reminding them that the Trump administration supports the use of union pre-hire pacts on federal construction projects where “practicable” and that the underlying executive order and amendments adding the requirement to the Federal Acquisition Regulation remain in place.

The issue presents an unusual area of friction between Trump and his typically pro-business Republican colleagues, who complain that the requirement shuts out non-union contractors and raises the price of federal projects. Democrats and unions on the other hand, say that project labor agreements ensure federal construction work is completed on time and by high-skilled workers, and provides a mechanism to resolve labor disputes.

“We welcome this action as a commonsense move that strengthens taxpayer return on investment and delivers American infrastructure more effectively and safely, with a U.S.-trained, highly-skilled workforce built for success,” the North America’s Building Trades Unions said of the memo.

The administration’s decision to issue the memo was an olive branch to organized labor from the Trump administration to signal support for the large share of rank-and-file union members that voted for Trump in 2024, according to management-side observers.

It’s part of the thinking that “the past growth of Republican party is through blue-collar working voters and their respective unions,” said Roger King, senior counsel at HR Policy Association.

He added that he’s watching to see if Trump will broker a compromise to satisfy concerns from other members of his party, that would “let the non-union, merit-based contractors have a bigger share of the work.”

“Trump has those voters, with or without a buy-in from the leaders of organized labor, and that’s the real fallacy,” King said.

But those close to the administration are doubtful the issue could lead to any real fireworks between Trump and the GOP.

“Russ Vought’s June 12 memo makes clear that a PLA should be used only when practicable and cost effective, and need not be used if it would inhibit competition or would not promote efficiency,” said Thomas Beck, a former Jones Day partner who served as an adviser to Trump’s second-term transition team.

Unless someone schedules a hearing, “I don’t see a real rift between the administration and Senate Republicans,” he said.

Democratic lawmakers, union workers announce legislation to protect workers from extreme heat outside the US Capitol Building.

Tre’Vaughn Howard

Tre’Vaughn Howard: Congressional Republicans and Democrats laid out competing visions for the US Occupational Safety and Health Administration last week, the former demanding a permanent compliance assistance program and the latter heat protections for workers.

The House Education and Workforce Subcommittee on Workforce Protections put attention on expanding OSHA’s compliance assistance programs, pushing for the passage of a bill (H.R. 2844) to enshrine the Voluntary Protection Programs into law.

OSHA’s VPP allows companies to undertake an on-site evaluation in order to be exempted from inspections by the agency. Companies generally prefer OSHA’s VPPs over inspections because it allows for collaboration between the company, workers, and agency to implement a safety and health management system that addresses hazards in the workplace.

Rep. Ryan Mackenzie (R-Pa.), head of the subcommittee, said he wants to support legislation that encourages a collaboration-centered approach to OSHA’s enforcement rather than setting specific requirements for companies to address hazards.

“Updating compliance assistance programs calls for a collaborative approach. Strong partnerships among state agencies, nonprofit organizations, industry leaders, and other stakeholders will be vital,” said Mackenzie.

This comes as a stark contrast to committee Democrats who see the compliance assistance approach as another instance of failing to hold companies accountable in keeping American workers safe from hazards. Democratic lawmakers are fighting for less compliance assistance and instead for the implementation of more robust standards to address hazards, such as extreme heat in the workplace.

“Compliance assistance programs, such as the Voluntary Protection Program, have their place, but they are no substitute for clear standards that are actively and effectively enforced,” said Rep. Ilhan Omar (D-Minn.), ranking member of the subcommittee.

Omar, along with several other committee members, cosponsored a bill that Democratic lawmakers later introduced after the hearing outside of the US Capitol Building amid extreme humidity.

The lawmakers seek to implement federal enforceable workplace heat stress protections quickly.

Sen. Alex Padilla (D-Calif.) and Rep. Judy Chu (D-Calif.) introduced the bill to require a federal heat standard to include paid breaks in cool spaces, access to water, limitations on time exposed to heat, and emergency response for workers with heat-related illness.

Their legislation also calls for companies to provide training for their employees on heat illness risk factors and mitigation procedures for responding to it.

This legislation would fast track OSHA’s regulatory process to ensure worker protections amid record-breaking heat, according to Rep. Bobby Scott (D-Va.), ranking member for the Committee on Education and Workforce. He urged his Republican colleagues to support the bill.

“Workers deserve nothing less, particularly as heat-related illnesses and deaths rise,” Scott said.

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