Appendix A to Subpart A of Part 471 - Text of Employee Notice Clause
29:2.1.4.4.18.1.21.5.1 : Appendix A
Appendix A to Subpart A of Part 471 - Text of Employee Notice
Clause
“1. During the term of this contract, the contractor agrees to
post a notice, of such size and in such form, and containing such
content as the Secretary of Labor shall prescribe, in conspicuous
places in and about its plants and offices where employees covered
by the National Labor Relations Act engage in activities relating
to the performance of the contract, including all places where
notices to employees are customarily posted both physically and
electronically. The “Secretary's notice” shall consist of the
following:
“Employee Rights Under The National Labor Relations Act”
“The NLRA guarantees the right of employees to organize and
bargain collectively with their employers, and to engage in other
protected concerted activity. Employees covered by the NLRA* are
protected from certain types of employer and union misconduct. This
Notice gives you general information about your rights, and about
the obligations of employers and unions under the NLRA. Contact the
National Labor Relations Board, the Federal agency that
investigates and resolves complaints under the NLRA, using the
contact information supplied below, if you have any questions about
specific rights that may apply in your particular workplace.
“Under the NLRA, you have the right to:
• Organize a union to negotiate with your employer concerning
your wages, hours, and other terms and conditions of
employment.
• Form, join or assist a union.
• Bargain collectively through representatives of employees' own
choosing for a contract with your employer setting your wages,
benefits, hours, and other working conditions.
• Discuss your terms and conditions of employment or union
organizing with your co-workers or a union.
• Take action with one or more co-workers to improve your
working conditions by, among other means, raising work-related
complaints directly with your employer or with a government agency,
and seeking help from a union.
• Strike and picket, depending on the purpose or means of the
strike or the picketing.
• Choose not to do any of these activities, including joining or
remaining a member of a union.
“Under the NLRA, it is illegal for your employer to:
• Prohibit you from soliciting for a union during non-work time,
such as before or after work or during break times; or from
distributing union literature during non-work time, in non-work
areas, such as parking lots or break rooms.
• Question you about your union support or activities in a
manner that discourages you from engaging in that activity.
• Fire, demote, or transfer you, or reduce your hours or change
your shift, or otherwise take adverse action against you, or
threaten to take any of these actions, because you join or support
a union, or because you engage in concerted activity for mutual aid
and protection, or because you choose not to engage in any such
activity.
• Threaten to close your workplace if workers choose a union to
represent them.
• Promise or grant promotions, pay raises, or other benefits to
discourage or encourage union support.
• Prohibit you from wearing union hats, buttons, t-shirts, and
pins in the workplace except under special circumstances.
• Spy on or videotape peaceful union activities and gatherings
or pretend to do so.
“Under the NLRA, it is illegal for a union or for the union that
represents you in bargaining with your employer to:
• Threaten you that you will lose your job unless you support
the union.
• Refuse to process a grievance because you have criticized
union officials or because you are not a member of the union.
• Use or maintain discriminatory standards or procedures in
making job referrals from a hiring hall.
• Cause or attempt to cause an employer to discriminate against
you because of your union-related activity.
• Take other adverse action against you based on whether you
have joined or support the union.
“If you and your coworkers select a union to act as your
collective bargaining representative, your employer and the union
are required to bargain in good faith in a genuine effort to reach
a written, binding agreement setting your terms and conditions of
employment. The union is required to fairly represent you in
bargaining and enforcing the agreement.
“Illegal conduct will not be permitted. If you believe your
rights or the rights of others have been violated, you should
contact the NLRB promptly to protect your rights, generally within
six months of the unlawful activity. You may inquire about possible
violations without your employer or anyone else being informed of
the inquiry. Charges may be filed by any person and need not be
filed by the employee directly affected by the violation. The NLRB
may order an employer to rehire a worker fired in violation of the
law and to pay lost wages and benefits, and may order an employer
or union to cease violating the law. Employees should seek
assistance from the nearest regional NLRB office, which can be
found on the Agency's Web site: http://www.nlrb.gov. “Click
on the NLRB's page titled “About Us,” which contains a link,
“Locating Our Offices.” You can also contact the NLRB by calling
toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (6572) for
hearing impaired.
“* The National Labor Relations Act covers most private-sector
employers. Excluded from coverage under the NLRA are public-sector
employees, agricultural and domestic workers, independent
contractors, workers employed by a parent or spouse, employees of
air and rail carriers covered by the Railway Labor Act, and
supervisors (although supervisors that have been discriminated
against for refusing to violate the NLRA may be covered).
“This is an official Government Notice and must not be defaced
by anyone.
“2. The contractor will comply with all provisions of the
Secretary's notice, and related rules, regulations, and orders of
the Secretary of Labor.
“3. In the event that the contractor does not comply with any of
the requirements set forth in paragraphs (1) or (2) above, this
contract may be cancelled, terminated, or suspended in whole or in
part, and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in or
adopted pursuant to Executive Order 13496 of January 30, 2009. Such
other sanctions or remedies may be imposed as are provided in
Executive Order 13496 of January 30, 2009, or by rule, regulation,
or order of the Secretary of Labor, or as are otherwise provided by
law.
“4. The contractor will include the provisions of paragraphs (1)
through (4) herein in every subcontract or purchase order entered
into in connection with this contract (unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 3 of Executive Order 13496 of January 30, 2009), so that
such provisions will be binding upon each subcontractor. The
contractor will take such action with respect to any such
subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions, including the
imposition of sanctions for non-compliance: Provided, however, if
the contractor becomes involved in litigation with a subcontractor,
or is threatened with such involvement, as a result of such
direction, the contractor may request the United States to enter
into such litigation to protect the interests of the United
States.”