The final rules implementing Executive Order 13496, which was signed by President Obama on January 30, 2009, were recently issued. Under the new rules, federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act (“NLRA”), the primary federal law that governs relations between unions and private employers. Importantly, the new posting requirements do not apply to contracts under the Simplified Aquisition Threshold (currently $100,000) or to subcontracts under $10,000.
The notice informs employees of their NLRA rights with regard to organizing and collective bargaining, conduct that is deemed an unfair interference with employee rights, and information on contacting the National Labor Relations Board if an employee believes his or her rights have been violated. The notice must be posted conspicuously in plants and offices where notices to employees are customarily posted. If the employer customarily posts notices electronically, the employer must post this notice electronically as well.
The Department of Labor (“DOL”) issued a “Fact Sheet” with helpful information, which you can download here. The DOL also provides the model notices on its website. The notice must be at least 11×17 inches in size. Employers who can print on large paper can use this form. Employers without the capability of printing on large paper must use this form, and tape it together so that it is at least 11×17 inches in size.
Please note that the notice must be posted no later than June 21, 2010.