22.1307
Collective bargaining agreements
Contracting officers must notify labor unions of their right to present views to the Department of Labor if collective bargaining agreements may be affected, but cannot discuss the agreements themselves with contractors or unions.
Overview
FAR 22.1307 addresses the procedures contracting officers must follow when the implementation of FAR clause 52.222-35 (Equal Opportunity for Veterans) could require changes to an existing collective bargaining agreement. The regulation ensures that labor unions are informed of their right to present their views to the Department of Labor, but strictly prohibits contracting officers or their representatives from discussing any aspect of the collective bargaining agreement with contractors or labor representatives. This maintains the integrity of the collective bargaining process and prevents undue influence or interference by government officials.
Key Rules
- Notification to Labor Unions
- If a revision to a collective bargaining agreement may be needed due to the Equal Opportunity for Veterans clause, the contracting officer must notify the affected labor unions that the Department of Labor will allow them to present their views.
- Prohibition on Discussions
- Contracting officers and their representatives are strictly prohibited from discussing any aspect of the collective bargaining agreement with contractors or labor representatives.
Responsibilities
- Contracting Officers: Must notify labor unions of their rights and refrain from discussing collective bargaining agreements.
- Contractors: Must comply with the Equal Opportunity for Veterans clause but should not expect government involvement in labor negotiations.
- Agencies: Must ensure contracting officers adhere to these restrictions and notification requirements.
Practical Implications
- This section exists to protect the independence of labor negotiations and ensure fair opportunity for labor unions to communicate with the Department of Labor.
- It impacts daily contracting by setting clear boundaries for government involvement in labor relations.
- Common pitfalls include improper communication with labor representatives or failure to notify unions, which could lead to compliance violations.