Description
Federal Contractor NLRA Employee Rights Poster
Help satisfy applicable federal contractor posting requirements with the Federal Contractor NLRA Employee Rights Poster. This 11 x 17-inch notice informs employees of covered federal contractors and subcontractors about their rights under the National Labor Relations Act (NLRA) to organize, form or join a union, bargain collectively, and engage in other protected concerted activities.
Executive Order 13496 and its implementing regulations at 29 CFR Part 471 require covered federal contractors and subcontractors to notify employees of their rights under federal labor law by displaying the prescribed Notice of Employee Rights Under Federal Labor Laws.
What Is the National Labor Relations Act?
The National Labor Relations Act (NLRA) is the primary federal law governing labor-management relations for most private-sector employees and employers.
The NLRA protects employees' rights to organize and act together concerning wages, hours, working conditions, and other terms and conditions of employment.
What Rights Does the NLRA Protect?
Employees covered by the National Labor Relations Act generally have the right to:
- Organize a union
- Form, join, or assist a union
- Bargain collectively through representatives of their choosing
- Discuss wages, benefits, and working conditions with coworkers
- Act together with other employees to improve working conditions
- Engage in other protected concerted activities
- Choose not to participate in certain union or concerted activities
What Is Executive Order 13496?
Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, requires covered federal contractors and subcontractors to inform employees of their rights under the National Labor Relations Act.
The U.S. Department of Labor implements the Executive Order through 29 CFR Part 471. Covered federal contracts and subcontracts must include applicable provisions requiring contractors and subcontractors to display the prescribed employee notice.
Who Must Post the Federal Contractor NLRA Notice?
Federal contractors and subcontractors covered by Executive Order 13496 and 29 CFR Part 471 must display the prescribed Notice of Employee Rights Under Federal Labor Laws.
The notice must be posted in plants and offices where employees covered by the NLRA perform activities related to the federal contract or subcontract.
Are There Exceptions to the Federal Contractor Posting Requirement?
Not every federal contract or subcontract is subject to the Executive Order 13496 posting requirement. Applicable regulations provide exemptions and exceptions for certain contracts and subcontracts.
Contractors should review their federal contracts, subcontracts, and current Department of Labor requirements to determine whether the Executive Order 13496 notice applies to their operations.
Where Must the NLRA Employee Rights Poster Be Displayed?
Covered federal contractors and subcontractors must post the notice conspicuously in and around their plants and offices so that it is prominent and readily visible to employees.
The notice must be displayed where other employee notices concerning terms and conditions of employment are customarily posted. Depending on the workplace, appropriate locations may include:
- Employee bulletin boards
- Employee entrances
- Work areas
- Break rooms
- Time-clock areas
- Human Resources areas
- Other locations where employee notices are regularly displayed
Is Electronic Posting Also Required?
When a covered federal contractor or subcontractor customarily posts notices to employees electronically, the required NLRA employee notice must also be posted electronically.
The electronic notice must be displayed prominently where the employer normally posts electronic notices concerning employees' terms and conditions of employment.
Electronic posting does not replace the physical posting requirement when physical posting is required.
What Does the Federal Contractor NLRA Notice Explain?
The prescribed federal contractor notice explains important employee rights under the National Labor Relations Act and provides examples of conduct by employers and unions that may violate federal labor law.
The notice also provides information about contacting the National Labor Relations Board (NLRB), the federal agency responsible for administering and enforcing the NLRA.
Examples of Employer Conduct That May Violate the NLRA
Depending on the circumstances, federal labor law can prohibit employers from interfering with employees' protected NLRA rights.
Examples can include:
- Prohibiting employees from discussing or soliciting for a union during non-work time when other non-work activities are permitted
- Questioning employees about union activities in a manner that interferes with protected rights
- Threatening employees because of union support or activity
- Discriminating against employees because they support or participate in protected union activities
- Retaliating against employees for exercising rights protected by the NLRA
Can Unions Also Violate Employees' NLRA Rights?
Yes. The National Labor Relations Act also prohibits certain conduct by labor organizations and their representatives.
The federal contractor employee-rights notice provides examples of unlawful union conduct and explains that employees may contact the National Labor Relations Board when they believe their NLRA rights have been violated.
What Is Protected Concerted Activity?
Protected concerted activity generally involves employees acting together to address workplace issues such as wages, benefits, schedules, safety concerns, or other terms and conditions of employment.
Employees do not necessarily need to belong to a union to have rights under the NLRA. In many circumstances, nonunion employees who act together regarding workplace concerns can also be protected by federal labor law.
Language Requirements for the Federal Contractor NLRA Poster
When a significant portion of a covered contractor's or subcontractor's workforce is not proficient in English, the employer must provide the employee notice in the languages spoken by those employees as required by Department of Labor regulations.
The Department of Labor makes the prescribed notice available in multiple languages. Employers should use the appropriate language version when required.
Federal Contractor NLRA Poster Size Requirements
The Executive Order 13496 notice has specific reproduction requirements. The U.S. Department of Labor states that reproductions of the prescribed notice must be an exact duplicate and must be displayed at a size of at least 11 x 17 inches.
Employers using a commercial or combination poster to satisfy the requirement should ensure that the NLRA notice itself meets the applicable content, formatting, and size requirements.
What Happens if a Federal Contractor Does Not Post the Required Notice?
Failure to comply with applicable Executive Order 13496 requirements can result in federal contract compliance enforcement.
Potential consequences can include:
- Compliance investigations
- Required corrective action
- Suspension or cancellation of a federal contract
- Possible debarment from future federal contracts
Which Federal Agencies Enforce the Posting Requirement?
The U.S. Department of Labor administers the federal contractor employee-notice requirements.
The Office of Federal Contract Compliance Programs (OFCCP) is responsible for investigating complaints, conducting compliance evaluations, and seeking conciliation. Matters requiring additional enforcement may be referred to the Office of Labor-Management Standards (OLMS).
Is the Federal Contractor NLRA Poster Required?
Yes, for federal contractors and subcontractors covered by Executive Order 13496 and 29 CFR Part 471. Covered employers must display the prescribed Notice of Employee Rights Under Federal Labor Laws in locations where affected employees can readily see it.
This requirement is different from a general NLRA educational poster. Employers should ensure that any poster used for compliance reproduces the prescribed federal notice and satisfies applicable Department of Labor size, language, physical posting, and electronic posting requirements.
Federal Contractor NLRA Poster Specifications
- 11"W x 17"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- Available in English and Spanish
- Federal contractor employee rights notice
Federal Contractor and Workplace Compliance Resources
Labor Law Compliance Center provides employers and government contractors with federal and state labor law posters, federal contractor notices, workplace safety posters, specialty postings, and compliance resources throughout the United States. Browse our Federal Labor Law Posters for additional individual federal workplace notices and federal contractor compliance products.
