On May 20, 2010, the Department of Labor issued final regulations
implementing Executive Order 13496. The Order states that it is the
policy of the Federal government to “encourage[e] the practice and
procedure of collective bargaining and . . . protecting the exercise by
workers of full freedom of association, self-organization, and
designation of representatives of their own choosing ….”
To
help accomplish these objectives, the Order requires that employers
with Federal government contracts valued in excess of $100,000 post a
Notice at worksites where activities “related to” the contract are
performed. The Notice sets forth details of the right of employees to
unionize and states “[t]he NLRA guarantees the right of employees to
organize and bargain collectively with their employers, and to engage
in other protected concerted activity.” The Notice lists examples of
prohibited employer conduct and provides contact information for those
wishing to file a complaint. Subcontractors who perform work “necessary
to” the primary contract will also be covered as long as their contract
exceeds the “de minimis” value of $10,000.
Covered
employers who do not post a Notice may lose individual contracts or be
debarred from all Federal contracts. An employer may also be debarred
if it violates the terms of the Notice or otherwise interferes with the
right of employees to unionize.
Commencing June 19,
2010, covered employers will be required to post the Notice as soon as
they sign a covered contract or modify an existing contract.