Federal Court affirms that federal contractors have to inform workers of unionization rights

by Michael Haberman on June 4, 2015 · 0 comments

Court says "Post that notice!"

Court says “Post that notice!”

Back on May 20, 2010, the USDOL issued a final regulation implementing Executive Order 13496, which requires non-exempt federal contractors and subcontractors to post a notice informing employees of their rights under the National Labor Relations Act. That final regulation was challenged by some trade groups of contractors saying that the poster infringed on employers’ First Amendment rights. The court did not agree.

Employers don’t have to speak at all

According to an article by Ford Harrison attorneys Linda Cavanna-Wilk and Karen Tyner, the court said “the rule does not compel a federal contractor to speak at all. ‘Rather, the contractor is required to host government speech as a condition of receipt of a federal contract.’” The contractor can choose not to post the notice by not accepting the contract. Additionally the contractor is not prohibited from expressing their views on unions. But they do have to post that notice.

The court also found that the rule is not unconstitutional, the President did not exceed his authority and the NLRA does not prohibit this practice. They pretty much have closed the book on this one, at least for now.

The result of this is that all non-exempt federal contractors have to have this poster up for all workers to see. If you don’t have it you can find it here.

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