Jun 11, 2010

Federal Contractors and Subcontractors Face Impending Deadline to Post New Notice Informing Employees of Rights to Join a Labor Union

The bulletin boards where federal contractors and subcontractors post their mandatory workplace posters are about to get a bit more crowded. Effective June 21, 2010, federal contractors and subcontractors must post a new notice informing employees of their rights under the National Labor Relations Act (NLRA). Federal contractors and subcontractors must also include provisions in subcontractor agreements that require vendors and service providers to comply with the same posting requirements.

In February 2009, President Obama signed an Executive Order requiring contractors to post a notice in the workplace designed to inform employees of their rights under the NLRA. Last month, the U.S. Department of Labor issued final regulations implementing that Executive Order and making the posting requirement mandatory as of June 21, 2010.

The required notice contains certain pro-union language that informs employees of their rights to form, join and support a union and to bargain collectively. The poster provides examples of unlawful employer and union conduct, and also details complaint procedures.

Federal contractors and subcontractors must post this notice conspicuously where other notices to employees are posted. The Department of Labor also provides instructions on how to post the notice electronically. Where a significant portion of a contractor’s or subcontractor’s workforce is not proficient in English, the notice must be provided in languages spoken by the employees. Additional details on the required posting, including instructions on how to download and post the form, can be found on the Department of Labor’s website, here.

A copy of the required poster is available here.

Please contact your employment counsel at Smith, Gambrell & Russell, LLP with any questions or to learn more about labor or employment matters.

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