Overview
This section outlines the mandatory procedures and communication boundaries for Contracting Officers when the implementation of veteran equal opportunity requirements conflicts with or necessitates changes to a contractor's existing collective bargaining agreement (CBA).
Key Rules
- Notification Trigger: If compliance with FAR clause 52.222-35 (Equal Opportunity for Veterans) requires a revision to a CBA, the Contracting Officer (CO) is required to notify the affected labor unions.
- Department of Labor (DOL) Mediation: The CO must inform the unions that the DOL is the appropriate body to hear their views regarding the impact of the clause on their agreement.
- Strict Non-Interference: The CO and their representatives are expressly prohibited from discussing any specific details or aspects of the collective bargaining agreement with either the contractor or the labor representatives.
Practical Implications
- This regulation maintains the neutrality of the contracting agency by delegating labor-management disputes and CBA interpretations to the Department of Labor.
- Contractors should be aware that while the government mandates veteran hiring preferences, the Contracting Officer cannot act as a negotiator or intermediary in resolving conflicts between those mandates and union contracts.