Subpart 22.16 Notification of Employee Rights Under the National Labor Relations Act
Source: FAR 22.16 on acquisition.gov
Federal contractors must prominently notify employees of their rights under the NLRA by posting required notices and ensuring compliance throughout their subcontracting chain.
Overview
FAR Subpart 22.16 establishes requirements for federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act (NLRA). This subpart implements Executive Order 13496, which mandates that employees working on federal contracts be informed of their rights to organize, bargain collectively, and engage in other protected activities. The subpart outlines definitions, policy, exceptions, compliance evaluation procedures, and the required contract clause. It also details the process for investigating complaints and imposing sanctions for noncompliance.
Key Rules
- Notification Requirement
- Contractors must post a notice informing employees of their NLRA rights in conspicuous places at worksites.
- Contract Clause
- The required clause must be included in covered contracts and subcontracts, ensuring flow-down of obligations.
- Compliance and Investigations
- The Department of Labor (DOL) is responsible for evaluating compliance and investigating complaints, with potential sanctions for violations.
- Exceptions
- Certain contracts, such as those below the simplified acquisition threshold or for work performed exclusively outside the U.S., may be exempt.
Responsibilities
- Contracting Officers: Must include the appropriate clause in solicitations and contracts, and ensure contractor compliance.
- Contractors: Must post the required notice and ensure subcontractors do the same; cooperate with investigations.
- Agencies: Oversee compliance and coordinate with DOL on investigations and enforcement.
Practical Implications
- This subpart ensures employees are aware of their labor rights, reducing the risk of labor disputes and legal violations.
- Contractors must be diligent in posting notices and flowing down requirements to subs, or risk sanctions and contract actions.
- Common pitfalls include failing to post notices at all worksites or omitting the clause in subcontracts.