Labor Relations Today

Labor Relations Today

Category Archives: Government Contracting

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Navigating the Overlap Between President Obama’s “Equal Pay” Orders for Federal Contractors and the NLRA

Posted in Executive Orders, Government Contracting, Legislation, NLRA, Senate, White House
On April 8, 2014, President Obama signed an Executive Order directing the Department of Labor (“DOL”) to propose new regulations and rules to prohibit Federal contractors from discriminating against employees for inquiring, discussing or disclosing their compensation, or the compensation of other employees.  The new order, entitled “Non-Retaliation For Disclosure of Compensation Information,” amends Executive Order … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

Senate HELP Committee Seeks to Change Federal Contracting Rules to Disqualify Employers with Labor Law Violations

Posted in Corporate Campaigns, Executive Orders, Government Contracting, Government Contracts, Legislative Strategy, Senate
On Wednesday, U.S. Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, unveiled a Committee report, taking direct regulatory aim at the nation’s federal government contractors. The Senator proclaimed that "[s]ome of the nation’s largest federal contractors fail to pay their workers the wages they have earned or provide … Continue Reading

Government Contractors Need to Consider Labor-Management Impact of Recent FAR Implementation

Posted in Executive Orders, Government Contracting, Negotiations, Unions, White House
On January 18, 2013, the Federal Acquisition Regulatory (“FAR”) Council implemented Executive Order (“E.O.”) 13495 (“Nondisplacement of Qualified Workers Under Service Contracts”) into regulation at FAR Subpart 22.12.  Our colleagues at McKenna Long & Aldridge’s Government Contracts Advisor blog report:  FAR Subpart 22.12 requires successor service contractors and subcontractors (whose contracts are above the simplified acquisition threshold) … Continue Reading

Labor Relations Today Releases “Labor Law 2011: A Very Active Year in Review”

Posted in Executive Orders, Federal Court Litigation, Government Contracting, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, White House
2011 was the most dynamic year in labor law in quite some time.  Fueling many of the changes last year were the impending departures of National Labor Relations Board Chairman Wilma Liebman and Member Craig Becker. With no certainty as to when Liebman or Becker might be properly replaced, the Board acted aggressively while it … Continue Reading

Supreme Court Declines to Hear Challenge to Los Angeles Grocery Employment Ordinance

Posted in Federal Court Litigation, Government Contracting, NLRA, SCOTUS, State/Local Issues
Yesterday, the Supreme Court declined to hear a challenge to Los Angeles’ Grocery Worker Retention Ordinance that imposes a 90 day transition period on grocery stores when ownership changes. The California Grocers Association ("Grocers") filed a lawsuit challenging the ordinance on various grounds, including the claim that the ordinance is preempted by the National Labor … Continue Reading

Final Rule Published Denying Reimbursement to Federal Contractors for Activities Undertaken to Persuade Employees Regarding Union Representation

Posted in Alternative Labor Law Reform, Executive Orders, Government Contracting, Representation Elections, White House
The Department of Defense, General Services Administration, and NASA have published a Final Rule in the Federal Register to implement Executive Order 13494, "Economy in Government Contracting."  The Order, one of three Executive Orders issued by President Obama on January 30, 2009 regarding labor relations, declared the costs of any activities undertaken by federal contractors to persuade employees … Continue Reading

The American Jobs Act of 2011′s Davis-Bacon and Project Labor Agreement Requirements

Posted in Davis-Bacon, Executive Orders, Government Contracting, Legislation, Project Labor Agreements, Senate, White House
On September 13, 2011, Senate Majority Leader Harry Reid (D-NV) introduced President Obama’s “American Jobs Act of 2011” (S. 1549). The President has been on a barn-storming tour, urging passage of the bill as the nation’s unemployment rate remains north of nine percent. The Democratic National Committee has also launched a website to promote the … Continue Reading

House Subcommittee Hearing Looks at President Obama’s Executive Order Regarding PLA’s for Government Construction Contracts

Posted in Executive Orders, Government Contracting, House of Representatives, Legislation, Project Labor Agreements, White House
Last Friday, a subcommittee of the House Committee on Oversight & Government Reform held a hearing entitled "H.R. 735 And Project Labor Agreements: Restoring Competition & Neutrality To Gov’t Construction Projects".  The bill number identified in the hearing title, introduced earlier this year by  Rep. John Sullivan (R-OK), is the Government Neutrality in Contracting Act (H.R. … Continue Reading

Bill Introduced to Reverse President Obama’s Executive Order on Project Labor Agreements

Posted in Executive Orders, Government Contracting, House of Representatives, Legislation, Project Labor Agreements, Senate, White House
On Wednesday, Rep. John Sullivan (R-OK) introduced a bill designed to reverse President Obama’s Executive Order 13502.  That EO, one of four issued during the President’s first month in office in 2009, allows federal executive agencies to require contractors on large-scale government construction projects to enter into a project labor agreement as a condition of being … Continue Reading

LRToday in WaPo: “Significant Labor Law Changes Will Bypass Congress”

Posted in Bush Board Reversal, Executive Orders, Government Contracting, Legislation, Media Round-Up, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, White House
Today’s Washington Post‘s "Capital Business" section published a piece I wrote about what to expect from labor law developments during the coming months.  The intro: When President Obama took office in early 2009, many expected significant legislative changes in the area of traditional labor law to facilitate union organizing in the private sector. But the … Continue Reading

GOP Senators Question Possible “High Road” Contracting Policy

Posted in Executive Orders, Government Contracting, Senate, White House
Late last week, a group of 29 Republican senators sent a letter Administrator Karen G. Mills of the U.S. Small Business Administration, expressing concern over the Obama administration’s purported consideration of a “High Road Contracting” policy.  The senators, led by Sen. Susan Collins, (R-ME), asked Ms. Mills to clearly disclose her position on the issue … Continue Reading

Proposed FAR Rule Amendment Would Preclude Reimbursement of Costs Incurred to “Persuade” Employees About Unionization

Posted in Executive Orders, Government Contracting, SCOTUS, Unions
Last month, the Federal Acquisition Regulation council (FAR) published a proposed rule implementing Executive Order 13494, "Economy in Government Contracting" in the Federal Register.  The Order was one of three Executive Orders issued by President Obama on January 30, 2009 regarding labor relations.  EO 13494 declared the costs of any activities undertaken by federal contractors to persuade employees to … Continue Reading

U.S. Chamber of Commerce on Labor Agenda Beyond Card-Check

Posted in Bush Board Reversal, Department of Labor, EFCA, Executive Orders, Government Contracting, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Project Labor Agreements, White House
Glenn Spencer, Executive Director of the U.S. Chamber of Commerce’s Workforce Freedom Initiative published a piece yesterday in The Metropolitan Corporate Counsel entitled: "Union Agenda Implemented Behind the Scenes."   In the piece, Spencer outlines a number of items on "the union wish list."  Among the items included in the piece, with some excerpts here, are: NLRB Composition:  … Continue Reading

Sen. Collins (R-ME) Critical of PLA Order and Regs

Posted in Executive Orders, Government Contracting, Project Labor Agreements, Senate, White House
Last week the final rule was published regarding President Obama’s Executive Order 13502 which allows agencies to require participation in a Project Labor Agreement (PLA) as a condition of bid solicitations on "large-scale" construction projects.   Yesterday, Government Executive reported that Senator Susan Collins (R-ME) recently criticized these developments as changing the government’s federal procurement policy from "neutral" on union issues to one … Continue Reading

More on Project Labor Agreements and Executive Order 13502 Final Rules

Posted in Executive Orders, Government Contracting, Project Labor Agreements, White House
Following on our earlier post on the FAR amendments regarding the use of Project Labor Agreements on "large-scale" construction porjects, here are some additional resources and commentary on the issue: "Project Labor Agreements: A Better Deal For All" — The White House Middle Class Task Force Government Neutrality in Contracting Act (H.R. 983, S. 90) The Associated Builders and Contractors’ (ABC) TheTruthAboutPLAs.com  … Continue Reading

Federal Acquisition Regulation Amended to Implement Executive Order 13502 Regarding Use of Project Labor Agreements (PLA’s) for Federal Construction Projects

Posted in Executive Orders, Government Contracting, Project Labor Agreements, White House
On February 6, 2009, President Obama signed Executive Order 13502 allowing federal executive agencies to require contractors on large-scale government construction projects to enter into a project labor agreement as a condition of being awarded a contract. (See MLA Government Contracts Advisory, “President Obama Signs Executive Order Allowing Agencies to Require Project Labor Agreements (PLA’s) on … Continue Reading