Nearly all federal contractors and subcontractors are required to post a notice for employees informing them of their rights under the National Labor Relations Act pursuant to a rule issued by the United States Department of Labor in 2010. The rule was issued in response to President Obama’s Executive Order 13496.
With limited exceptions, the rule governs all contracts with any agency of the United States government with a value of $100,000 or more, as well as all subcontracts necessary to the performance of covered contracts with a value of $10,000 or more.
The rule took effect June 21, 2010, and applies to contracts which result from federal government solicitations on or after that date, as well as contracts that are renewed after that date. The rule requires contracts issued by federal government agencies to contain clauses requiring that the mandatory notice be posted.
The rule requires federal contractors and subcontractors to post a notice informing their employees of, among other things, their right to join or form a union, to bargain collectively with their employer, or to strike and picket under certain circumstances. The notice, (a copy of which can found here), must also inform employees of their protection from certain types of employer misconduct, including questioning employees about their union activities, prohibiting employees from engaging in union solicitation during non-work time, and prohibiting employees from wearing union insignia in the workplace.
The notice must be posted physically in conspicuous places in the contractor’s plants and offices where it can readily be seen by employees covered by the NLRA. Employers who customarily post notices to employees by electronic means must post the notice electronically as well.
The rule is enforced by the Office of Federal Contract Compliance Programs. Remedies for noncompliance include contract suspension and termination and debarment from further government contracts.
