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DOL/ESA

RIN: 1215-AB33

Publication ID: Fall 2001

Title: Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights Concerning Payment of Union Dues or Fees
Abstract: This regulation will implement E.O. 13201 which requires Government contractors and subcontractors to post notices informing their employees that (1) under Federal law they cannot be required to join a union or maintain membership in a union to retain their jobs, and (2) employees who choose not to be union members may object to the use of their compulsory union dues and fees for activities other than collective bargaining, contract administration, and grievance adjustment, and may be entitled to a refund and an appropriate reduction in their future payments. The proposed regulation, in accordance with E.O. 13201, will also require that, where applicable, each Government contracting agency include certain provisions of the Order in its Government contracts, and that Government contractors and subcontractors include these provisions in their nonexempt subcontracts and purchase orders.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 29 CFR 470
Legal Authority: EO 13201

Legal Deadline: None

Statement of Need: The regulation is necessary in order to implement Executive Order 13201.

Summary of the Legal Basis: The legal basis for this regulation is section 1(b) of Executive Order 13201. The legal basis for the Executive Order is the Constitution and laws of the United States, including the Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq.

Alternatives: There is no feasible alternative to issuing regulations. Regulations are needed in order to implement Executive Order 13201 by (1) clarifying the obligations of Federal contractors and subcontractors, (2) providing exemptions as authorized by the Executive order, and (3) establishing enforcement mechanisms as authorized by the Executive order. Alternatives to the specific provisions of the proposed rule suggested in comments by the public will be considered in developing the final rule.

Anticipated Costs and Benefits: The only costs that Federal contractors will incur are for (1) posting the notice and (2) applying for waivers from the posting requirement. These will be minimal since (1) under the proposed regulation, the Department will supply the posters, and (2) the Department's experience under similar posting requirements is that few contractors request waivers. The benefits of the Executive order and the implementing regulation are the promotion of economy and efficiency in Government procurement by having workers who are informed of their rights regarding union membership and the use of union dues and fees.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action	Date	FR Cite
Interim Procedural Rule	04/18/2001	66 FR 19988
NPRM	10/01/2001	66 FR 50010
NPRM Comment Period End	11/30/2001
Final Rule	02/00/2002

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Don Todd Deputy Assistant Secretary, Office of Labor-Management Standards Employment Standards Administration Department of Labor Employment Standards Administration Room N5605, 200 Constitution Avenue NW., FP Building, Washington, DC 20210 Phone:202 693-0122 TDD Phone:800 877-8339 Fax:202 693-1340 Email: olms-public@dol.gov