In a July 1 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (NLRB) announced that it is taking the first steps to comply with the Fair Pay and Safe Workplaces Executive Order (EO), even though the final rules implementing this EO have not yet been finalized. As previously reported, the EO imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation to report various labor law violations during the bid and proposal process. The final rule is expected to be published this August.
The memorandum addresses the NLRB’s efforts to ensure that fellow federal agencies have access to administrative determinations issued by the NLRB which may be covered by the Order. In order to ensure that the information can be shared across databases, the NRLB has created a new form, which will request certain information from “charged party employers” in NLRB actions. For example, the new form requests the employer’s: Commercial and Government Entity (“CAGE”) number; Data Universal Number System (“DUNS”) number; DUNS number suffix; and the Employer Identification Number (“EIN”) or Taxpayer Identification Number (“TIN”). These are fields compatible with existing government contracting systems which will facilitate the sharing of violation information.
NECA contractors should continue to prepare for the implementation of the EO and the final regulations. NECA will continue to monitor these issues and keep our members informed on how to comply with the final rulemaking.