On January 30, 2009, President Obama signed Executive Order 13496, which required certain federal contractors and subcontractors to provide notice to employees of their rights to organize and bargain collectively under the National Labor Relations Act (NLRA). On May 20, 2010, the U.S. Department of Labor (DOL) issued its final rule regarding the new workplace notice requirement. The new posting rule becomes effective on June 19, 2010. The DOL final rule requires that federal agencies must include a clause mandating the posting of the employee labor law notice in most contracts for an amount in excess of $100,000 solicited on or after June 19th. Once the clause is included in the government contract, the contractor must also include that clause in each subcontract for an amount in excess of $10,000. The requirement also extends to subcontractors entering into subcontracts in excess of $10,000. However, contractors and subcontractors excluded from the definition of "employer" under the NLRA (e.g., carriers subject to the Railway Labor Act, states and political subdivisions) are not subject to the rule. The required notice states the rights of employees to: - organize a union
- form, join, or assist a union
- bargain collectively through a representative of their choosing
- discuss terms and conditions of employment with coworkers or a union
- take action to improve working conditions by raising complaints with their employer or seeking help from a union
- strike and picket
- refrain from participating in any of these activities
The notice also provides examples of prohibited conduct by employers and by unions. Finally, the notice indicates that employees should contact the National Labor Relations Board if they believe their rights or the rights of others have been violated. The notice should be placed conspicuously in and around plants and offices so that it is prominent and readily seen by employees, preferably where other notices to employees are posted. If you would like more information about this or other employment issues, contact one of the following Roetzel & Andress attorneys.
Karen Adinolfi, Akron
330.849.6773 | kadinolfi@ralaw.com
Aretta Bernard, Akron
330.849.6630 | abernard@ralaw.com
Robert Blackham, Cleveland
216.615.4839 | rblackham@ralaw.com
Ryan Bonina, Columbus
614.723.2012 | rbonina@ralaw.com
Eric Bruestle, Cincinnati
513.361.8292 | ebruestle@ralaw.com
Helen Carroll, Akron
330.849.6710 | hcarroll@ralaw.com
Fred Compton, Akron
330.849.6610 | fcompton@ralaw.com
Kevin Cooper, Toledo
419.254.5257 | kcooper@ralaw.com
Christopher Debski, Akron
216.615.4858 | cdebski@ralaw.com
Ann Eberts, Akron
330.849.6649 | aeberts@ralaw.com
Michael Furbush, Orlando
407.835.8557 | mfurbush@ralaw.com
Denise Hasbrook, Toledo
419.254.5243 | dhasbrook@ralaw.com
Paul Jackson, Akron
330.849.6657 | pjackson@ralaw.com
Doug Kennedy, Columbus
614.723.2004 | dkennedy@ralaw.com
Gina Kuhlman, Cleveland
216.820.4202 | gkuhlman@ralaw.com
Nathan Pangrace, Cleveland
216.615.4825 | npangrace@ralaw.com
Charles Smith, Columbus
614.723.2025 | csmith@ralaw.com
Jonathan Secrest, Columbus
614.723.2029 | jsecrest@ralaw.com
Doug Spiker, Cleveland
216.696.7125 | dspiker@ralaw.com
Brian Tarian, Columbus
614.723.2028 | btarian@ralaw.com
Tracy Turoff, Cleveland
216.615.4829 | tturoff@ralaw.com
Timothy Webster, Cleveland
330.849.6661 | twebster@ralaw.com
Emily Wilcheck, Toledo
419.254.5260 | ewilcheck@ralaw.com
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