New Poster required to inform employees about their rights to join a union under NLRA!

New Employee Notification Requirements for Federal Contractors and Subcontractors:

Under a new Department of Labor (DOL) regulation, beginning on June 19, 2010, Federal Contractors and their subcontractors are required to post notices informing employees of their rights under the National Labor Relations Act (NLRA).

These regulations implement Executive Order 13496, signed by President Obama on January 30, 2009, and require federal contractors to agree to post the required employee notice and to agree to insert provisions in their subcontracts that require their subcontractors to post the employee notice as well.

The employee notice that must be posted and the contract provisions that must be inserted into Federal contracts and subcontracts can be found at 29 C.F.R. Part 471 Appendix A.

The notice to employees, required by the new regulation, informs employees about their rights under the NLRA to form, join and assist a union, and to bargain collectively with their employer. The notice provides examples of unlawful employer and union conduct that interferes with those rights and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints.  Contractors that violate the Labor Department’s regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.

Contractors and subcontractors must post the employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity.  In particular, contractors and subcontractors must post the notice where other notices to employees about their jobs are posted.  Where a significant portion of contractor’s workforce is not proficient in English, contractors and subcontractors must provide the employee notice in the languages spoken by employees.

Exceptions to Posting Requirements:

The posting requirements do not apply to prime contracts under the Simplified Acquisition Threshold, which is currently set at $100,000, and do not apply to subcontracts below $10,000.