The Catholic University of America

Summary of Federal Laws

Government Contracts

Compliance Partners

AVP for Human Resources

Federal Property and Administrative Services Act of 1949

41 U.S.C. § 251 et seq.; 2414.404-1 et seq.; 29 CFR Part 470

Establishes uniform policies and procedures for procurement activities.

Final Rule, 75 Fed. Reg. 28367, May 20, 2010, Notification of Employee Rights Under Federal Labor Laws, Effective June 21, 2010

Under the Executive Order 13496 unless a specified exception or exemption applies, Federal Government contractors with contracts of $100,000 or more to post notices informing their employees of their rights as employees under Federal labor laws. As required by the Executive Order, this final rule establishes the content of the notice required by the Executive Order's contract clause, and implements other provisions of the Executive Order, including provisions regarding sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order and the implementing regulations. The notice must be posted at worksites where activities related to the contract are performed and prime contractors must include the required clause in all covered subcontracts. The posting must include both paper copy posting as well as electronic notice in those instances where employers customarily post electronic notices. In addition to the English language copy of the poster, employers must provide other relevant language posters when the workforce contains a significant portion of non-English speakers. The new rule does not apply to subcontracts under $10,000 (the new rule does apply if the subcontract is under the simplified acquisition threshold of $100,00, but greater than $10,000 if the prime contract is covered.)

The notice must contain the required text from the Federal Register on the right to bargain collectively, along with associated rights.

Notification of Employee Rights Under Federal Labor Laws Executive Order 13496
Issued by President Obama Jan. 30, 2009

This order revokes the Beck Notice Requirements (Executive Order 13201) and imposes an obligation on all federal contractors to inform employees of their rights under the National Labor Relations Act. Within 120 days of the effective date (January 30) of this order, the Secretary of Labor will initiate rulemaking to specify the form and content of notice to be used to advise employees of their right to bargain collectively and to be protected in the exercise of their right to association, self-organization and designation of representatives for purposes of negotiating terms and conditions of employment. The new order also includes contract provisions for all new contracts resulting from solicitations issued on or after January 30, 2009. These provisions must also be included in all subcontracts, effective immediately. Regulations will be issued to give guidance on how the obligation of prime contractors can be enforced against subcontractors.

See the Jackson Lewis newsletter dated Feb. 2, 2009 titled President Obama Issues Trio of Pro-Union Executive Orders; Significant Impact on Federal Contractors. This newsletter also discusses and contains links to two other Obama Executive Orders: Economy in Government Contracting and Nondisplacement of Qualified Workers under Service Contracts. The Jackson Lewis newsletter also contain a history of the Executive Order 13201, and contains a discussion of possible legal challenges to the new orders.

 

CCR updated CFR links 6/15/15