NLRB Begins Reporting Alleged Labor Law Violations to Federal Government Contractor Database

The National Labor Relations Board (NLRB) has announced that in order to comply with President Obama’s Fair Pay and Safe Workplaces Executive Order (EO) 13673, it will begin reporting alleged labor law violations by government contractors who are named in unfair labor practice complaints issued on or after July 1, 2016.

The NLRB will report the information to a federal database because EO 13673 requires federal contracting agencies to collect information concerning a potential prime contractor’s 3-year violation history with respect to twelve (12) federal labor, employment, wage payment, and safety laws, 2 other executive orders, and all “equivalent State laws.” The agencies report this information so that federal contracting officers may assess whether a company should be permitted to bid on a new federal contract or continue working on existing federal contracts valued at more than $500,000.

Note that the NLRB does not consider an unfair labor practice charge to be a reportable violation. The NLRB will only report the alleged violation to the federal database when a regional director issues a complaint against a federal contractor. The agency will send the information to the database even though there has not been a hearing or final determination on the merits of the complaint.

For more information concerning Executive Order 13673 and its implications for federal contractors, you may review the DOL’s proposed final rule here.