Overview
This section establishes the authority of the Secretary of Labor to investigate contractor compliance with employee rights notifications and outlines the enforcement mechanisms and inter-agency cooperation required for handling violations. It specifically governs the oversight of the "Notification of Employee Rights Under the National Labor Relations Act" requirements.
Key Rules
- Investigatory Authority: The Secretary of Labor has the power to conduct compliance evaluations and investigate complaints against both contractors and subcontractors regarding FAR clause 52.222-40.
- Inter-Agency Cooperation: Federal contracting departments and agencies are legally required to assist and provide information to the Secretary of Labor during these investigations.
- Regulatory Enforcement: Sanctions and enforcement procedures for identified violations are conducted in accordance with Department of Labor regulations (29 CFR 471.10 through 471.16).
- Agency Head Override: An agency head can block the Secretary from terminating a contract or debarring a contractor by providing a written objection stating that the contractor’s performance is essential to the agency’s mission.
Practical Implications
- Audit Readiness: Contractors and subcontractors must ensure they are strictly adhering to labor rights posting requirements, as they are subject to Department of Labor audits and complaint-driven investigations.
- Mission-Critical Safeguards: While labor violations carry heavy potential penalties, the "essential mission" exception provides a layer of protection for contractors performing high-priority or unique services where a replacement cannot be easily found.