The NCFLL was notified on August 13, 2021, of this condition of employment; provided 

with a demonstration of VaxTrak on August 16, 2021; and invoked bargaining on August 

16, 2021, in order to insure pre-decisional involvement (PDI) in the process, negotiate 

impact, and protect the rights our bargaining unit employees.

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. DEPARTMENT OF LABOR

AND

THE NATIONAL COUNCIL OF FIELD LABOR LOCALS

INTRODUCTION

This Memorandum of Understanding (MOU) is between the U.S. Department of Labor 

(DOL) and the National Council of Field Labor Locals (NCFLL) in accordance with the 

applicable provisions of the DOL/NCFLL National Agreement.

SUBJECT

This MOU concerns appropriate arrangements regarding implementation of VaxTrak to 

obtain information on the COVID-19 vaccination status of bargaining unit employees.

BACKGROUND 

President Biden signed Executive Order, 13991 (Protecting the Federal Workforce and 

Requiring Mask-Wearing) on January 20, 2021. This EO established the Safer Federal 

Workforce Task Force. 

On August 6, 2021, President Biden’s Safer Federal Workforce Task Force, established 

as part of Executive Order No. 13991, issued guidance for Federal agencies to ask 

employees and onsite contractors their vaccination status for the COVID-19. 

Employees and onsite contractors must attest to the truthfulness of the response they 

provide.
TERMS OF AGREEMENT

As it relates to their representational responsibility as the exclusive representative of 

bargaining unit employees, the NCFLL plays a vital role in determining how conditions 

of employment/working conditions are applied to DOL’s bargaining unit employees in 

the field. 

To that end, the parties agree to the following: 

1. The COVID-19 vaccination attestation will be completed by the employee in

VaxTrak, an electronic system developed to track employee vaccination status

and accessible by their immediate supervisor and others in DOL with a need to

know.

2. VaxTrak will be accessible by a link on LaborNet and is only accessible on

government furnished equipment.

3. Sharing and disposition of information regarding vaccination status will be on a

need to know basis. (see 5 USC 552a(b)(1))

4. No medical documentation will be required to complete VaxTrak,

5. The Privacy Act protects the information contained in VaxTrak.

6. Language regarding the Privacy Act will be contained on the form.

7. VaxTrak is considered a part of the Office of Personnel Management (OPM)

OPM/GOVT-10, Employee Medical File System Records, System of Records

Notice (SORN) and will be maintained accordingly.

8. Management will not use vaccination status as a means to engage in prohibited

personnel practices.

9. There will be no disciplinary action taken for employees who decline to disclose

their vaccination status by checking the box on the attestation form, which states,

“I decline to respond.”

10. In attesting to their vaccination states, Employees must complete VaxTrak

truthfully.

11. Employee(s) will have nine (9) calendars days from the date of notice to

complete VaxTrak.

12. Employees who complete the VaxTrak form may modify their information at a

later date, if their status changes.

13. The NCFLL will be provided notice when DOL removes the link to VaxTrak from

LaborNet. Records collected in VaxTrak will be maintained in accordance with

the applicable general records schedule.

REFERENCE DOCUMENTS

1. 5 USC Chapters 11 and 79

2. Executive Order 13991 and 12196

3. Privacy Act
4. Health Insurance Portability and Accountability Act (HIPAA)

5. System of Records Notice (SORN)

6. Prohibited Personnel Practices

DISTRIBUTION 

DOL will email all regional employees the link to this MOU posted on LaborNet. This 

information will be posted on LaborNet and the link emailed to regional employees 

within five business days of the signing of this MOU. 

DURATION OF AGREEMENT

This MOU will remain in effect until the NCFLL is provided notice of and COVID-19 

testing procedures and protocol for bargaining unit employees at which point the parties 

will incorporate the terms of this MOU in a subsequent MOU. 

FOR THE DEPARTMENT FOR THE NCFLL 

________________________ _____________________ ____ __________________________ 

Sheila DeMartino Nancy Nolan 

Labor Relations Officer

DELMR, OHR, OASAM 

Executive Vice President, NCFLL

____________________________

Shawn K. Hooper 

Director, DELMR, OHR, OASAM 

_______________________ __________________ ___ 

Annette Horton 

Vice President, NCFLL 

09/03/2021

Date 

Sheila DeMartino

_____________________

for Shawn K Hooper

____________________

Nancy Nolan

Annette Horton

_________ ____________________ _________________ 

Wenomia Person

Vice President, NCFLL

__________________ __________________________ 

Michael Michael Wells 

Vice President, NCFLL