In January, President Obama signed an executive order requiring federal contractors and subcontractors to post notices informing their employees of their rights under the federal labor laws, in particular their right to unionize.  The Department of Labor (“DOL”) has now proposed regulations implementing the executive order and providing language for the required notice. 

Under the proposed regulations federal contractors and subcontractors will be required to post the DOL’s proposed notice in conspicuous places for employees to access.   Not surprisingly, the proposed notice is union-friendly.

The proposed notice provides employees with information about their rights under the National Labor Relations Act (“NLRA”), including the right to join or form a union, distribute leaflets in non work areas, discuss the terms and conditions of employment with other employees, and raise work-related complaints with other workers.  Additionally, the proposed notice discusses the NLRA’s prohibitions on employers, including that employers cannot:

• prohibit employees from promoting or soliciting for the union during non work time,
• question employees about union support or activities,
• threaten to close the workplace if employees choose a union,
• prohibit wearing union hats, buttons and t shirts except under special circumstances, or
• take adverse action against employees because they engage in union activities.

To the extent any employee has questions or feels that the laws have been violated, the proposed notice provides employees with information on how to contact the NLRB. 

The DOL will accept comments on the proposed regulations for the next thirty days before issuing final regulations. The full text of the proposed regulations, including the proposed notice, may be accessed on the DOL’s website.