52.222-40 Notification of Employee Rights

Under the National Labor Relations Act.

As prescribed in 22.1605 , insert the following clause:

Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in

such form, and containing such content as prescribed by the Secretary of Labor, 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, in the languages

employees speak, in accordance with 29 CFR471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the

Contractor’s plants and offices so that the notice is prominent and readily seen by employees who

are covered by the National Labor Relations Act and engage in activities related to the performance

of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall

also post the required notice electronically by displaying prominently, on any website that is

maintained by the Contractor and is customarily used for notices to employees about terms and

conditions of employment, a link to the Department of Labor’s website that contains the full text of

the poster. The link to the Department’s website, as referenced in (b)(3) of this section, must read,

"Important Notice about Employee Rights to Organize and Bargain Collectively with Their

Employers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management

Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC

20210, (202) 693-0123, or from any field office of the Office of Labor–Management Standards or

Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor–Management Standards Web site at

http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A,

Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules,

regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs

(a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and

the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4.
Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which

implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every

subcontract that exceeds $10,000 and will be performed wholly or partially in the United States,

unless exempted by the 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.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability

of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by

the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions

for noncompliance.

(4) 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,

through the Secretary of Labor, to enter into such litigation to protect the interests of the United

States.

(End of clause)

Parent topic: 52.222 [Reserved]