From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
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.
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.
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 firstname.lastname@example.org
To contact the editor responsible for this story: Susan J. McGolrick at email@example.com
Text of the memorandum is available at http://src.bna.com/guj.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)