[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18397-18398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06716]


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DEPARTMENT OF LABOR

Office of Labor-Management Standards


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Notice of Employee Rights Under National Labor 
Relations Act Complaint Process

ACTION: Notice; request for comments.

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AGENCY: Office of Labor-Management Standards, Labor.
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA), 
the DOL is soliciting public comments regarding the proposed extension 
of this Office of Labor-Management Standards (OLMS)-sponsored 
information collection for the authority to continue the information 
collection request (ICR) titled, ``Notice of Employee Rights under 
National Labor Relations Act Complaint Process,'' currently approved 
under OMB Control Number 1245-0004.

DATES: Consideration will be given to all written comments received by 
May 31, 2022.

ADDRESSES: A copy of this ICR with applicable supporting documentation, 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden, may be obtained free by 
contacting Karen Torre at (202) 693-0123 (this is not a toll-free 
number), or (800) 877-8339 (TTY/TDD).
    Electronic submission: You may submit comments and attachments 
electronically at <a href="/cdn-cgi/l/email-protection#690605041a44191c0b05000a290d0605470e061f"><span class="__cf_email__" data-cfemail="ec8380819fc19c998e80858fac888380c28b839a">[email protected]</span></a>, identified by OMB Control Number 
1245-0004.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Karen Torre, Chief of the Division of 
Interpretations and Regulations, Office of Labor-Management Standards, 
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-5609, 
Washington, DC 20210, by telephone at (202) 693-0123 (this is not a 
toll-free number), (800) 877-8339 (TTY/TDD), or by email at <a href="/cdn-cgi/l/email-protection#117e7d7c623c6164737d787251757e7d3f767e67"><span class="__cf_email__" data-cfemail="a3cccfced08ed3d6c1cfcac0e3c7cccf8dc4ccd5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: President Barack Obama signed Executive 
Order 13496 (E.O. 13496) on January 30, 2009, requiring certain 
Government contractors and subcontractors to post notices informing 
their employees of their rights as employees under Federal labor laws. 
The Order also provides the text of contractual provisions that Federal 
Government contracting departments and agencies must include in every 
Government contract, except for collective bargaining agreements and 
contracts for purchases under the Simplified Acquisition Threshold. 
OLMS administers the enforcement provisions of Executive Order 13496, 
while the compliance evaluation and investigatory provisions are 
handled by the Department's Office of Federal Contract Compliance 
Programs (OFCCP), pursuant to the Order's implementing regulatory 
provisions (29 CFR part 471). Complaints can be filed with both 
agencies.
    The Department seeks extension of the current approval to collect 
this information. An extension is necessary because if this information 
collection is not conducted, E.O. 13496 could not be enforced through 
the complaint procedure.
    E.O. 13496 advances the Administration's goal of promoting economy 
and efficiency of Federal government procurement by ensuring that 
workers employed in the private sector as a result of Federal 
government contracts are informed of their rights to engage in union 
activity and collective bargaining. Knowledge of such basic statutory 
rights promotes stable labor-management relations, thus reducing costs 
to the Federal government.
    The contractual provisions require contractors and subcontractors 
to post a notice, created by the Secretary of Labor, informing 
employees of their rights under the National Labor Relations Act. The 
notice also provides a statement of the policy of the United States to 
encourage collective bargaining, as well as a list of activities that 
are illegal under the Act. The notice concludes with a general 
description of the remedies to which employees may be entitled if these 
rights have been violated and contact information for further 
information about those rights and remedies, as well as enforcement 
procedures.
    The clause also requires contractors to include the same clause in 
their

[[Page 18398]]

nonexempt subcontracts and purchase orders, and describes generally the 
sanctions, penalties, and remedies that may be imposed if the 
contractor fails to satisfy its obligations under the Order and the 
clause.
    The regulatory provisions implementing E.O. 13496 (29 CFR part 471) 
include the language of the required notices, and they explain posting 
and contractual requirements, the complaint process, the investigatory 
process, and sanctions, penalties, and remedies that may be imposed if 
the contractor or subcontractor fails to comply with its obligations 
under the Order. Specifically, 29 CFR part 471.11(c) sets forth the 
procedures that the Department must use when accepting written 
complaints alleging that a contractor doing business with the Federal 
government has failed to post the notice required by the Executive 
Order.
    The Department continues to estimate a total of 10 respondents with 
an equal amount of responses. Since the ICR was last approved in 2019, 
the Department has received 1 complaint. The Department maintains the 
estimate of 10 complaints for purposes of this renewal request. The 
Department continues to estimate that it will take an employee 1.28 
hours per complaint, for a total of 12.8, rounded to 13 hours.
    Additionally, employees will incur costs of $0.62 per complaint in 
capital/start-up costs ($0.58 for standard-sized, rectangular envelopes 
postage in January 2022 \1\ + $0.03 for an envelope + $0.01 for paper) 
for a total cost of $6.20. (Although employees will submit many if not 
all complaints via email, the Department assumes, conservatively, that 
it will receive all via mail.) The total cost for the estimated 10 
complaints is therefore $6.20. There are no ongoing operation/
maintenance costs associated with this information collection.
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    \1\ See: https://www.usps.com/business/prices.htm.
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    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-OLMS.
    Type of Review: Extension.
    Title of Collection: Notice of Employee Rights under National Labor 
Relations Act Complaint Process.
    OMB Control Number: 1245-0004.
    Affected Public: Employees of Federal Contractors and 
Subcontractors.
    Total Estimated Number of Respondents: 10.
    Frequency: On occasion.
    Total Estimated Number of Responses: 10.
    Estimated Average Time per Response: 1.28 hours.
    Total Estimated Annual Time Burden: 13 hours.
    Total Estimated Annual Other Costs Burden: $6.20.

(Authority: 44 U.S.C. 3506(c)(2)(A))

    Dated: March 24, 2022.
Karen Torre,
Chief of the Division of Interpretations and Regulations.
[FR Doc. 2022-06716 Filed 3-29-22; 8:45 am]
BILLING CODE 4510-86-P


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