Effective June 21, 2010 new U.S. Department of Labor regulations took effect requiring most federal contractors (including subcontractors) to post notices advising employees of their rights under the National Labor Relations Act, to organize and bargain collectively with their employers and to engage in other protected concerted activity. Additionally, the notice provides examples of illegal conduct by employers and unions, and it provides contact information to the National Labor Relations Board. A copy of the required notice is available here.

Applicable contractors must post the notice in plants and offices where employees who are covered by the NLRA are performing any contract-related activity. The posting must be in all places where notices to employees are customarily posted. In addition, contractors and subcontractors who normally post notices to employees electronically are also required to post the notice electronically via a link to http://www.dol.gov/olms/regs/compliance/EO13496.htm.

Federal construction contracts will also now include provisions mandating the required posting.

The requirements will be enforced by the Office of Federal Contract Compliance Programs. Non-compliance may result in penalties, including contract cancellation or suspension, or debarment from future federal contracts. Contractors will be provided an opportunity for a hearing and appeal before sanctions will be imposed.

This article, ©2010, was written by Jonathan M. Bowne. Mr. Bowne is an associate of attorney William C. Last, Jr. Mr. Last is an attorney who has been specializing in Construction Law for over 30 years.. In addition to belonging to a number of construction trade associations, Mr. Last holds a California “A” and “B” license. He can be contacted at 650-425-4679. The articles are not intended to be a substitute for the advice of an attorney as to a specific problem. If you have a specific legal question or need legal advice, you should contact an attorney.