NLRB Will Report Federal Contractors' Labor Violations

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By Lawrence E. Dubé

July 5 — The National Labor Relations Board is preparing to report alleged labor law violations by government contractors named by regional directors in unfair labor practice complaints, the agency disclosed in a memorandum to its field offices.

Associate General Counsel Anne Purcell wrote July 1 in Memorandum OM 16-23 that the NLRB will ask charged employers to provide information that could identify them as federal contractors.

When an employer is named in an unfair labor practice complaint, the NLRB will report the information to a federal database to comply with the Fair Pay and Safe Workplaces executive order President Obama signed on July 31, 2014.

The executive order requires the NLRB and other agencies to assist contracting agencies and officials in assessing labor law violations by employers with government contracts valued at more than $500,000.

The NLRB won't forward information to the database if an employer settles or resolves an unfair labor practice case before the issuance of a complaint.

Employers Will Be Asked for ID Numbers

Purcell said the NLRB has already correlated some data points from its case management system for forwarding to a federal database. The database will be used by the labor compliance advisers, who will assess whether contractors' labor law violations should be classified as serious, repeated, willful or pervasive.

Beginning with unfair labor practice complaints issued on or after July 1, she said, the NLRB will also collect data on whether an employer is or has been a federal contractor, and will gather identification numbers, including Commercial and Government Entity and Data Universal Numbers System identifiers, and employer or taxpayer identification numbers.

Once a regional office has determined that a charge against an employer has merit, Purcell wrote, the employer will be asked to provide the business identification numbers using an online form. The associate general counsel said the NLRB is designing an internet portal that will allow employers to file the form and other documents more efficiently.

NLRB Complaints Will Be Sent to Database

The memorandum included a model e-mail for regional offices to transmit to an employer after a merit determination on an unfair labor practice charge against an employer.

The e-mail would inform the employer that the NLRB will forward information on a case to the federal contractor database if a formal complaint is issued. The information, the NLRB warns, “may be considered by the Labor Compliance Advisors in assessing whether the charged party employer is eligible to contract with the federal government.”

The message would also warn the employer that if it has not provided business identification data to the NLRB, the agency will transmit the case information it has along with a report describing the employer's noncompliance.

However, the model e-mail states, “if you reach a resolution of this matter before the Region issues a complaint, such as by entering a pre-complaint informal settlement agreement with the Regional Director, no information on this case will be forwarded to this database.”

To contact the reporter on this story: Lawrence E. Dubé in Washington at

To contact the editor responsible for this story: Susan J. McGolrick at

For More Information

Text of the memorandum is available at

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