Overview
This section outlines the procedures and limitations for a Contracting Officer when the implementation of equal opportunity requirements for workers with disabilities (FAR 52.222-36) potentially conflicts with the terms of an existing collective bargaining agreement (CBA).
Key Rules
- Notification Requirement: If performance of the disability equal opportunity clause may necessitate a CBA revision, the Contracting Officer (CO) must advise the affected labor unions.
- Department of Labor (DOL) Role: The CO must inform unions that the DOL will provide them with the opportunity to present their views regarding any necessary changes.
- Non-Interference Mandate: The CO and their representatives are strictly prohibited from discussing any specific aspects or details of the CBA with either the contractor or labor representatives.
Practical Implications
- This rule ensures a clear separation of powers, preventing procurement officials from interfering in private labor-management negotiations while ensuring federal disability mandates are addressed through the proper Department of Labor channels.
- Contractors should expect the Department of Labor, rather than the contracting agency, to be the primary mediator if disability inclusion requirements conflict with union seniority or work rule provisions.