[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Notices]
[Pages 19988-19989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9676]
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DEPARTMENT OF LABOR
Employment Standards Administration
Obligations of Federal Contractors and Subcontractors; Notice of
Employee Rights Concerning Payment of Union Dues or Fees
AGENCY: Employment Standards Administration, Labor.
ACTION: Interim Procedural Notice.
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SUMMARY: The Employment Standards Administration (ESA) is issuing this
interim procedural notice to assist federal contractors and
subcontractors in meeting their obligations under Executive Order 13201
(66 FR 11221, February 22, 2001) issued pursuant to the Constitution
and laws of the United States, including the Federal Property and
Administrative Services Act, 40 U.S.C. 471 et seq. and in order to
ensure the economical and efficient administration and completion of
Government contracts.
EFFECTIVE DATE: April 18, 2001.
FOR FURTHER INFORMATION CONTACT: Don Todd, Deputy Assistant Secretary,
Office of Labor-Management Standards, Employment Standards
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW,
Room S2321, Washington, DC 20210 at (202) 693-0200 (this is not a toll-
free number). Individuals with hearing impairments may call 1-800-877-
8339 (TTY/TDD).
SUPPLEMENTARY INFORMATION: This interim procedural notice is intended
to provide guidance during the period between the April 18, 2001
effective date of the Order and the date ESA issues a final rule
implementing the Order to employers who, on or after April 18, 2001,
enter into a federal contract other than collective bargaining
agreements as defined in 5 U.S.C. 7103(a)(8) and purchases under the
``Simplified Acquisition Threshold'' as defined in the Office of
Federal Procurement Policy Act (41 U.S.C. 403). During this interim
period, such employers may fulfill their posting obligations under the
Order by replicating the text of the Employee Notice which is set forth
below and posting it in conspicuous places in and about their plants
and offices, including all places where notices to employees are
customarily posted. Executive Order 13201 also requires federal
contractors and subcontractors to include a clause in federally
connected subcontracts and purchase orders requiring subcontractors and
vendors to post the notice. Following is the text of the required
Notice:
Notice to Employees
Under Federal law, employees cannot be required to join a union
or maintain membership in a union in order to retain their jobs.
Under certain conditions, the law permits a union and an employer to
enter into a union-security agreement requiring employees to pay
uniform periodic dues and initiation fees. However, employees who
are not union members can object to the use of their payments for
certain purposes and can only be required to pay their share of
union costs relating to collecting bargaining, contract
administration, or grievance adjustment.
[[Page 19989]]
If you do not want to pay that portion of dues or fees used to
support activities not related to collective bargaining, contract
administration, or grievance adjustment, you are entitled to an
appropriate reduction in your payment. If you believe that you have
been required to pay dues or fees used in part to support activities
not related to collective bargaining, contract administration, or
grievance adjustment, you may be entitled to a refund and to an
appropriate reduction in future payments.
For further information concerning your rights, you may wish to
contact the National Labor Relations Board (NLRB) either at one of
its Regional offices or at the following address: National Labor
Relations Board, Division of Information, 1099 14th Street, NW.,
Washington, DC 20570.
To locate the nearest NLRB office, see NLRB's website at
www.nlrb.gov.
The last sentence of the Notice, however, shall be omitted in
notices posted in the plants or offices of carriers subject to the
Railway Labor Act, as amended (45 U.S.C. 152 et seq.).
Regulatory Procedures
Executive Order 12866
The Department of Labor has determined that this notice is not a
``significant regulatory action'' under Executive Order 12866 because
this action will not: (1) Have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) create a serious inconsistency, or
otherwise interfere, with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs, or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866. Therefore, a regulatory impact analysis is
unnecessary.
Congressional Review Act
This notice is not a major rule for purposes of the Congressional
Review Act.
Unfunded Mandates
Executive Order 12875--This notice does not create an unfunded
Federal Mandate upon any State, local, or tribal government.
Unfunded Mandate Reform Act of 1995--This notice does not include
any Federal mandate that may result in increased expenditures by State,
local and tribal governments in the aggregate of $100 million or more,
or increased expenditures by the private sector of $100 million or
more.
Executive Order 13132
This notice has been reviewed in accordance with Executive Order
13132 regarding Federalism. This notice will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
requirements of section 6 of Executive Order 13132 do not apply to this
notice.
Regulatory Flexibility Act
This notice does not substantially change the existing obligations
of Federal contractors or subcontractors. The Department of Labor
certifies that the notice will not have a significant economic impact
on a substantial number of small business entities. Therefore, no
regulatory flexibility analysis is required.
Signed at Washington, DC this 13th day of April, 2001.
Joe N. Kennedy,
Acting Assistant Secretary of Labor for Employment Standards.
[FR Doc. 01-9676 Filed 4-17-01; 8:45 am]
BILLING CODE 4510-27-M