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NLRB preparing to implement the proposed rule
A blacklisting rule seeking to make federal contractors' workplaces safer is expected soon.
The final "blacklisting" rule to prevent businesses that had broken labor laws from working with the federal government is expected soon, and the National Labor Relations Board (NLRB) already is preparing to follow the proposal.
The U.S. Department of Labor (DOL) issued proposed guidance on May 27, 2015, to implement the Fair Pay and Safe Workplaces order (Executive Order 13673), which President Barack Obama signed July 31, 2014. The executive order was intended to bar companies with frequent labor law violations from receiving federal contracts, which is where the "blacklisting" label originated. The Federal Acquisition Regulatory (FAR) Council also issued a proposed blacklisting rule on May 27. The FAR Council assists in the coordination of governmentwide procurement policy and regulation.
"According to the spring regulatory agenda, the final blacklisting rule will be published in August," said Linda Jackson, an attorney with Littler in Washington, D.C. "While deadlines in the regulatory agenda are often aspirational, it is an election year, so the agencies are fully expected to issue the final rule on time."
The NLRB, for one, seems eager to implement the rule. "Assuming the final rule's effective date is either immediate or to be phased in within the new year, the NLRB certainly appears to be revamping its existing case management platform to better track employer violations in preparation for its implementation," Jackson said.
Anne Purcell, associate general counsel with the board, issued a memo on July 1 stating that, beginning with NLRB complaints issued on or after July 1, the agency will start collecting from employers four data points necessary to link the case management platform data with data gathered by other enforcement agencies.
These four data points are the charged party's:
Examine their own case-management system for compliance.
Develop internal mechanisms for determining and providing the required information to the government, including potentially mitigating information.
Self-audit to determine whether there are areas in which their compliance efforts could improve via training or policy changes.
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