Collective bargaining agreements
Contracting officers must notify labor unions of their rights regarding collective bargaining agreement changes due to disability equal opportunity requirements, but must not discuss the agreements themselves.
Overview
FAR 22.1405 addresses the intersection of collective bargaining agreements and the requirements of FAR clause 52.222-36, "Equal Opportunity for Workers with Disabilities." If compliance with this clause may require changes to an existing collective bargaining agreement, the contracting officer must notify the relevant labor unions that the Department of Labor will provide them an opportunity to express their views. Importantly, the regulation prohibits the contracting officer or their representatives from discussing any aspect of the collective bargaining agreement with either the contractor or labor representatives. This ensures that labor relations and negotiations remain outside the contracting officer's purview and are handled through appropriate channels.
Key Rules
- Notification Requirement
- Contracting officers must inform affected labor unions about their right to present views to the Department of Labor if a collective bargaining agreement may need revision due to FAR 52.222-36.
- 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 engaging in discussions about collective bargaining agreements.
- Contractors: Should not seek or expect input from contracting officers regarding collective bargaining agreements.
- Agencies: Must ensure contracting officers comply with notification and non-interference requirements.
Practical Implications
- This section exists to maintain the integrity of labor relations and ensure that changes to collective bargaining agreements are handled through proper labor channels, not through government contracting officers.
- It impacts daily contracting by clearly delineating the boundaries of contracting officer involvement in labor matters, reducing the risk of improper influence or interference.
- Common pitfalls include contracting officers inadvertently engaging in prohibited discussions or failing to notify unions, which can lead to compliance violations.