The most effective method to Comply With Executive Order 13496

1793 days ago, 616 views
PowerPoint PPT Presentation
2/23/2012. Step by step instructions to Comply with Executive Order 13496 and the Labor Department\'s Regulations Requiring Notice to Employees of Rights under the National Labor Relations Act. 2. New Employee Notification Requirements for Federal Contractors and Subcontractors:. 3. Government Contractors and Subcontractors must Post Notice to Employees of Labor Law Rights.

Presentation Transcript

Slide 1

´╗┐How To Comply With Executive Order 13496 Nora Carroll Tammy Daub Office of the Solicitor Civil Rights and Labor Management Division

Slide 2

How to Comply with Executive Order 13496 and the Labor Department's Regulations Requiring Notice to Employees of Rights under the National Labor Relations Act New Employee Notification Requirements for Federal Contractors and Subcontractors : 2

Slide 3

Federal Contractors and Subcontractors must Post Notice to Employees of Labor Law Rights post sees advising workers about their rights under Federal work law and incorporate arrangements in their agreements that require their subcontractors to post a similar representative notice Beginning on June 21, 2010, elected law requires temporary workers going into contracts with the Federal government to: 3

Slide 4

What elected law requires the new notice to workers? Official Order 13496 and the Department of Labor's controls actualizing this Executive Order, 29 C.F.R. Section 471, which were distributed on May 20, 2010, require government temporary workers and subcontractors to illuminate representatives about their work law rights. 4

Slide 5

What representative rights are contained in the new notice? The notice contains rights under the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq. The NLRA is the essential law representing relations amongst unions and businesses in the private segment. The law ensures the privilege of representatives to sort out and to deal on the whole with their managers, and to participate in other secured coordinated action with or without a union, or to shun all such movement. 5

Slide 6

What does the worker see say? For the most part, the representative notice records workers' rights under the NLRA to frame, join and help a union and to deal on the whole with their manager; gives cases of unlawful business and union direct that meddles with those rights; and demonstrates how workers can contact the National Labor Relations Board, the government office that upholds those rights, with inquiries regarding the rights or to document protestations. 6

Slide 7

11" 17"

Slide 8

Where would we be able to discover the content of the required worker see and the agreement arrangements that must be embedded into contracts? The content of the representative notice and the arrangements that must be embedded into government contracts and subcontracts consenting to educate workers about NLRA rights can be found at 29 CFR Part 471 Appendix A. 8

Slide 9

Useful connections Federal Register e-Code of Federal Regulations idx?sid=f6fed2f8c2bf1d75f21e983133f1dd4d&c=ecfr&tpl=/ecfrbrowse/Title29/29cfrv2_02.tpl#40 OLMS OFCCP

Slide 10

Who is secured by this run the show? Any contractual worker or subcontractor that is a business under the NLRA must agree to this run the show. Bosses not secured by the NLRA are: the United States or any completely claimed Government partnership; any Federal Reserve Bank; any State or political subdivision thereof; any individual subject to the Railway Labor Act; any work association (other than when going about as a business); or anybody acting in the limit of officer or operator of such work association. 10

Slide 11

Some representatives are avoided from scope under the NLRA Employers solely utilizing laborers who are barred from the meaning of "worker" under the NLRA are not secured by the necessities of this run the show. Avoided representatives incorporate those utilized: as agrarian workers; in the local administration of any family or individual at his or her home; by his or her parent or companion; as a self employed entity; as an administrator as characterized under the NLRA; by a business subject to the Railway Labor Act; or by whatever other individual not a business as characterized in the NLRA 11

Slide 12

What are the essential posting prerequisites that temporary workers and subcontractors must fulfill? Temporary workers and subcontractors must post the representative notice obviously in and around their plants and workplaces so it is conspicuous and promptly observed by workers. Specifically, temporary workers and subcontractors must post the notice where different notification to representatives about their employments are posted. 29 C.F.R. 471.2(d) 12

Slide 13

Other necessities in regards to physical posting of the worker see Specifically, the representative notice must be posted where: workers secured by the NLRA take part in contract-related action, which incorporates aberrant or assistant work without which the agreement couldn't be effectuated, for example, support, repair, faculty and finance work. 29 C.F.R. 471.2(d) 13

Slide 14

Should temporary workers and subcontractors likewise post the notice electronically? Temporary workers and subcontractors who present notification on representatives electronically should likewise post the required notice electronically. Electronic posting requires temporary workers and subcontractors to present a connection on OLMS's site containing the representative notice where they usually put other electronic notification to representatives about their occupations. The connection must be no less conspicuous than other worker takes note. Electronic posting can't be utilized as a substitute for physical posting. 29 C.F.R. 471.2(f) 14

Slide 15

How can temporary workers and subcontractors acquire the publication? Contractual workers and subcontractors can get the required notice 3 ways: OLMS will print blurbs and give them to government contracting offices and organizations for supply to temporary workers and subcontractors; contractual workers and subcontractors can ask for notices from OLMS or OFCCP; temporary workers and subcontractors can download the notice from . Contractual workers may replicate and utilize correct copy duplicates of the Department's authentic blurb. 29 C.F.R. 471.2(e) 15

Slide 16

Any particular guidelines for downloading the blurb? The OLMS website page can be found at: You can download the 11X17 blurb from You can download the two page arrangement and set up them together to shape the 11X 17 publication from

Slide 17

Are contractual workers and subcontractors required to post interpretations of the representative notice? Where a critical bit of contractual worker's workforce is not capable in English, temporary workers and subcontractors must give the representative notice in dialects talked by representatives. OLMS will give interpretations of the representative notice that can be utilized to consent to the physical and electronic posting prerequisites. 29 C.F.R. 471.2(d ), (e) and (f) 17

Slide 18

Posting necessities don't have any significant bearing to the accompanying: prime contracts under the Simplified Acquisition Threshold, which is at present set at $100,000. subcontracts beneath $10,000. contracts and subcontracts for work performed only outside the regional United States. Different special cases and exclusions may apply. 29 C.F.R. 471.3 18

Slide 19

Important note about exemptions to posting prerequisites: No office, office, contractual worker or subcontractor is allowed to acquire or give supplies or administrations keeping in mind the end goal to maintain a strategic distance from the posting necessities. 29 C.F.R. 471.3 (a) 19

Slide 20

Can representatives record protestations? Workers may document objections with OLMS or DOL's Office of Federal Contract Compliance (OFCCP) about contractual workers and subcontractors that don't consent to the Labor Department's posting necessities. 29 C.F.R. 471.11 Employees may likewise record grievances if the required contract arrangements are excluded in contracts and subcontracts. 29 CFR 471.11 20

Slide 21

What must be in dissensions? Grumblings must be in composing and should incorporate the whining representative's contact data and mark. 29 C.F.R. 471.11 Complaints must contain adequate data about the area of the asserted infringement and some other data that will help with settling the dissension. 29 C.F.R. 471.11 21

Slide 22

Compliance assessments notwithstanding worker grievances, OFCCP may lead assessments to decide consistence. 29 C.F.R. 471.10 Compliance assessments might be led to decide consistence with this direction, or might be done in conjunction with assessments of temporary worker consistence with different laws and controls implemented by the Department. 29 C.F.R. 471.10 22

Slide 23

What will a consistence assessment include? the worker notice is posted in congruity with the relevant physical and electronic posting necessities contained in 29 C.F.R. 471.2(d) and (f). 29 C.F.R. 471.10 the arrangements of the worker see statement are incorporated into government contracts, subcontracts and buy orders. 29 C.F.R. 471.10 During an assessment, OFCCP will figure out if: 23

Slide 24

What happens if a grumbling is documented or an OFCCP assessment discovers rebelliousness? For both dissensions and consistence assessments, OFCCP will research and build up a case record, which will incorporate discoveries with respect to consistence. 29 C.F.R. 471.11 If the record shows an infringement, OFCCP will attempt sensible endeavors to acquire consistence through pacification. 29 C.F.R. 471.10 and 471.12 24

Slide 25

What lead damages the run the show? A contractual worker might be found infringing upon the run in view of: The temporary worker's disappointment or refusal to consent to prerequisites with respect to representative notice or consideration of the agreement provision in its subcontracts. The temporary worker's disappointment or refusal to permit a consistence assessment or grumbling examination to be directed; The contractual worker's refusal to participate with the consistence assessment or protestation examination, including inability to give data looked for amid those methods. 29 C.F.R. 471.13 25

Slide 26

Other contractual worker direct that may vi