New Workplace Posting Requirement Effective June 22nd

Effective June 22nd, federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act (NLRA) in accordance with Executive Order 13496.

This 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.  The notice also provides examples of illegal conduct by employers and unions, and provides contact information to the National Labor Relations Board, the agency responsible for enforcing the NLRA.

Exclusions to this requirement include labor unions and employers who are covered by the Railway Labor Act, as well as prime contracts which fall under the simplified acquisition threshold, which is currently $100,000, or subcontracts of less than $10,000.

A copy of the notice which can be downloaded and printed is available here.  Federal contractors and subcontractors are required to post the notice conspicuously in plants and offices where employees who are covered by the NLRA perform contract-related activity, including all places where notices to employees are customarily posted, both physically and electronically.   Print versions of the notification must be 11”x17” or larger.  The notice must be posted exactly as issued by the DOL, with no alterations in size, color or content.  Contractors must provide the notice in other languages spoken by their workforce should a significant number of employees not be proficient in English.  Translations of the notice may be requested from the Division of Interpretation and Standards of the DOL’s Office of Labor -Management Standards.

Contractors and subcontractors which customarily post notices to employees electronically must also post this required notice electronically.  This requirement can be met by displaying a prominent link to the Notice of Employee Rights Under Federal Labor Laws Poster on any external or internal website maintained and customarily used for notices to employees regarding terms and conditions of employment.  The text for the link must read “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers” and it must link to this page:  http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf.

According to  the Office of Labor-Management Standards, the sanctions, penalties and remedies for noncompliance with the notice requirements include suspension or cancellation of the contract and debarring of federal contractors from future federal contracts.