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Washington Labor & Employment Wire » New NLRA Posting Requirements for Federal Contractors and Subcontractors

New NLRA Posting Requirements for Federal Contractors and Subcontractors


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The Department of Labor has issued a final rule implementing President Obama’s Executive Order 13496 of January 30, 2009, which aims to ensure that “workers employed in the private sector and engaged in activity related to the performance of Federal government contracts are informed of their rights to form, join, or assist a union and bargain collectively with their employer.” Effective June 21, 2010, federal contractors and subcontractors are required to post a new DOL notice informing employees of their rights as employees under the National Labor Relations Act.

The notice informs employees of their rights under the NLRA to organize and bargain collectively with their employers and to engage in other protected concerted activity, provides examples of illegal conduct by employers and unions, and provides contact information for the National Labor Relations Board.  Federal contractors and subcontractors must post the notice in “conspicuous places in and about its plants and offices” where employees covered by the NLRA perform contract-related activity, including all places where notices to employees are customarily posted both physically and electronically. 

An employee performs contract-related activity if the duties of the employee include work that fulfills a contract obligation, is necessary for fulfillment of the contract’s provisions, or the cost or portion of the cost of the employee’s position is an allowable cost of the contract. Employers with a significant number of employees who are not proficient in English must post a version of notice in the languages spoken by employees. The Office of Labor-Management Standards (OLMS) has provided versions of the notice that comply with the physical and electronic posting requirements in English, Spanish, and Mandarin Chinese.