Are There Posting Requirements for Unionized Workplaces?

Signed by President George W. Bush on February 17, 2001, Executive Order (EO) 13,201 requires that nonexempt federal contractors post a notice, known as the Beck poster. The notice must be posted in conspicuous places in and about each of the contractor's establishments and/or construction work sites not exempted under the regulations, including all places where notices to employees are customarily posted.

The notice must inform employees that they cannot be required to join or maintain membership in a union in order to keep their jobs; that under certain conditions, the law permits a union and an employer to enter into a union security agreement requiring employees to pay dues and fees to the union; and that, even where such union-security agreements exist, employees who are not union members can only be required to pay their share of union costs relating to certain specific activities --specifically they can refuse to pay any dues that do not support collective bargaining, contract administration or grievance adjustment.

Rule implementing EO 13201. An implementing regulation published by the Labor Department's Office of Labor Management Standards, requires that where applicable each government contracting agency must include certain provisions of EO 13210 in its government contracts and that government contractors and subcontractors must include those provisions in their nonexempt subcontracts and purchase orders. These provisions include the language of the required notices, and an explanation of the sanctions, penalties and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under EO 13201.

The notice posting requirement does not apply to:

contractors with fewer than 15 employees;
contractor establishments or construction work sites where no union has been formally recognized by the prime contractor or certified as the exclusive bargaining representative of the prime contractor's employees;
contractor establishments where state law forbids enforcement of union-security clauses ("right-to-work" states), or
work performed outside the United States that does not involve the recruitment or employment of workers within the United States.

In addition, government contracts for purchases below the current simplified acquisition threshold of $100,000 will not be subject to the requirements.

Sample language. What should the posters say? The Department of Labor's Employment Standards Administration has issued sample language. Employers may fulfill their obligation by posting a notice in conspicuous places in and about their plants and offices, including all places where notices to employees are customarily posted.

Compliance monitoring. On June 20, 2005, the Office of Federal Contract Compliance Programs (OFCCP) began monitoring federal contractors for compliance with the requirements of Executive Order 13201 regarding the "Notice of Employee Rights Concerning Payment of Union Dues or Fees" (Beck poster). According to the OFCCP, its primary responsibility is to determine whether nonexempt federal contractors and subcontractors have: (1) posted EO 13201 notices throughout their facilities; and (2) included the "EO 13201 employee notice clause" or a reference to "29 CFR Part 470" in all of their subcontracts and/or purchase orders entered into on or after April 28, 2004. Contractors are exempt and will not be monitored if they: