[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Presidential Documents]
[Pages 11221-11224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4621]



[[Page 11219]]

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Part III





The President





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Executive Order 13201--Notification of Employee Rights Concerning 
Payment of Union Dues or Fees



Executive Order 13202--Preservation of Open Competition and Government 
Neutrality Towards Government Contractors' Labor Relations on Federal 
and Federally Funded Construction Projects



Executive Order 13203--Revocation of Executive Order and Presidential 
Memorandum Concerning Labor-Management Partnerships



Executive Order 13204--Revocation of Executive Order on Nondisplacement 
of Qualified Workers Under Certain Contracts
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                         Presidential Documents 
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  Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 11221]]

                Executive Order 13201 of February 17, 2001

                
Notification of Employee Rights Concerning 
                Payment of Union Dues or Fees

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Federal Property and 
                Administrative Services Act, 40 U.S.C. 471 et seq., and 
                in order to ensure the economical and efficient 
                administration and completion of Government contracts, 
                it is hereby ordered that:

                Section 1. (a) This order is designed to promote 
                economy and efficiency in Government procurement. When 
                workers are better informed of their rights, including 
                their rights under the Federal labor laws, their 
                productivity is enhanced. The availability of such a 
                workforce from which the United States may draw 
                facilitates the efficient and economical completion of 
                its procurement contracts.

                    (b) The Secretary of Labor (Secretary) shall be 
                responsible for the administration and enforcement of 
                this order. The Secretary shall adopt such rules and 
                regulations and issue such orders as are deemed 
                necessary and appropriate to achieve the purposes of 
                this order.

                Sec. 2. (a) Except in contracts exempted in accordance 
                with section 3 of this order, all Government 
                contracting departments and agencies shall, to the 
                extent consistent with law, include the following 
                provisions in every Government contract, other than 
                collective bargaining agreements as defined in 5 U.S.C. 
                7103(a)(8) and purchases under the ``Simplified 
                Acquisition Threshold'' as defined in the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403).

                ``1. During the term of this contract, the contractor 
                agrees to post a notice, of such size and in such form 
                as the Secretary of Labor shall prescribe, in 
                conspicuous places in and about its plants and offices, 
                including all places where notices to employees are 
                customarily posted. The notice shall include the 
                following information (except that the last sentence 
                shall not be included in notices posted in the plants 
                or offices of carriers subject to the Railway Labor 
                Act, as amended (45 U.S.C. 151-188)):

                ``NOTICE TO EMPLOYEES

                Under Federal law, employees cannot be required to join 
                a union or maintain membership in a union in order to 
                retain their jobs. Under certain conditions, the law 
                permits a union and an employer to enter into a union-
                security agreement requiring employees to pay uniform 
                periodic dues and initiation fees. However, employees 
                who are not union members can object to the use of 
                their payments for certain purposes and can only be 
                required to pay their share of union costs relating to 
                collective bargaining, contract administration, and 
                grievance adjustment.

                ``If you do not want to pay that portion of dues or 
                fees used to support activities not related to 
                collective bargaining, contract administration, or 
                grievance adjustment, you are entitled to an 
                appropriate reduction in your payment. If you believe 
                that you have been required to pay dues or fees used in 
                part to support activities not related to collective 
                bargaining, contract administration, or grievance 
                adjustment, you may be entitled to a refund and to an 
                appropriate reduction in future payments.

[[Page 11222]]

                ``For further information concerning your rights, you 
                may wish to contact the National Labor Relations Board 
                (NLRB) either at one of its Regional offices or at the 
                following address:

                 National Labor Relations Board

                 Division of Information

                 1099 14th Street, N.W.

                 Washington, D.C. 20570

                ``To locate the nearest NLRB office, see NLRB's website 
                at www.nlrb.gov.''

                ``2. The contractor will comply with all provisions of 
                Executive Order 13201 of February 17, 2001, and related 
                rules, regulations, and orders of the Secretary of 
                Labor.

                ``3. In the event that the contractor does not comply 
                with any of the requirements set forth in paragraphs 
                (1) or (2) above, this contract may be cancelled, 
                terminated, or suspended in whole or in part, and the 
                contractor may be declared ineligible for further 
                Government contracts in accordance with procedures 
                authorized in or adopted pursuant to Executive Order 
                13201 of February 17, 2001. Such other sanctions or 
                remedies may be imposed as are provided in Executive 
                Order 13201 of February 17, 2001, or by rule, 
                regulation, or order of the Secretary of Labor, or as 
                are otherwise provided by law.

                ``4. The contractor will include the provisions of 
                paragraphs (1) through (3) herein in every subcontract 
                or purchase order entered into in connection with this 
                contract unless exempted by rules, regulations, or 
                orders of the Secretary of Labor issued pursuant to 
                section 3 of Executive Order 13201 of February 17, 
                2001, so that such provisions will be binding upon each 
                subcontractor or vendor. The contractor will take such 
                action with respect to any such subcontract or purchase 
                order as may be directed by the Secretary of Labor as a 
                means of enforcing such provisions, including the 
                imposition of sanctions for non compliance: Provided, 
                however, that if the contractor becomes involved in 
                litigation with a subcontractor or vendor, or is 
                threatened with such involvement, as a result of such 
                direction, the contractor may request the United States 
                to enter into such litigation to protect the interests 
                of the United States.''

                    (b) Whenever, through Acts of Congress or through 
                clarification of existing law by the courts or 
                otherwise, it appears that contractual provisions other 
                than, or in addition to, those set out in subsection 
                (a) of this section are needed to inform employees 
                fully and accurately of their rights with respect to 
                union dues, union-security agreements, or the like, the 
                Secretary shall promptly issue such rules, regulations, 
                or orders as are needed to cause the substitution or 
                addition of appropriate contractual provisions in 
                Government contracts thereafter entered into.

                Sec. 3. (a) The Secretary may, if the Secretary finds 
                that special circumstances require an exemption in 
                order to serve the national interest, exempt a 
                contracting department or agency from the requirements 
                of any or all of the provisions of section 2 of this 
                order with respect to a particular contract, 
                subcontract, or purchase order.

                    (b) The Secretary may, by rule, regulation, or 
                order, exempt from the provisions of section 2 of this 
                order certain classes of contracts to the extent that 
                they involve (i) work outside the United States and do 
                not involve the recruitment or employment of workers 
                within the United States; (ii) work in jurisdictions 
                where State law forbids enforcement of union- security 
                agreements; (iii) work at sites where the notice to 
                employees described in section 2(a) of this order would 
                be unnecessary because the employees are not 
                represented by a union; (iv) numbers of workers below 
                appropriate thresholds set by the Secretary; or (v) 
                subcontracts below an appropriate tier set by the 
                Secretary.
                    (c) The Secretary may provide, by rule, regulation, 
                or order, for the exemption of facilities of a 
                contractor, subcontractor, or vendor that are in all

[[Page 11223]]

                respects separate and distinct from activities related 
                to the performance of the contract: Provided, that such 
                exemption will not interfere with or impede the 
                effectuation of the purposes of this order: And 
                provided further, that in the absence of such an 
                exemption all facilities shall be covered by the 
                provisions of this order.

                Sec. 4. (a) The Secretary may investigate any 
                Government contractor, subcontractor, or vendor to 
                determine whether the contractual provisions required 
                by section 2 of this order have been violated. Such 
                investigations shall be conducted in accordance with 
                procedures established by the Secretary.

                    (b) The Secretary shall receive and investigate 
                complaints by employees of a Government contractor, 
                subcontractor, or vendor where such complaints allege a 
                failure to perform or a violation of the contractual 
                provisions required by section 2 of this order.

                Sec. 5. (a) The Secretary, or any agency or officer in 
                the executive branch of the Government designated by 
                rule, regulation, or order of the Secretary, may hold 
                such hearings, public or private, regarding compliance 
                with this order as the Secretary may deem advisable.

                    (b) The Secretary may hold hearings, or cause 
                hearings to be held, in accordance with subsection (a) 
                of this section prior to imposing, ordering, or 
                recommending the imposition of sanctions under this 
                order. Neither an order for debarment of any contractor 
                from further Government contracts under section 6(b) of 
                this order nor the inclusion of a contractor on a 
                published list of noncomplying contractors under 
                section 6(c) of this order shall be carried out without 
                affording the contractor an opportunity for a hearing.

                Sec. 6. In accordance with such rules, regulations, or 
                orders as the Secretary may issue or adopt, the 
                Secretary may:

                    (a) after consulting with the contracting 
                department or agency, direct that department or agency 
                to cancel, terminate, suspend, or cause to be 
                cancelled, terminated, or suspended, any contract, or 
                any portion or portions thereof, for failure of the 
                contractor to comply with the contractual provisions 
                required by section 2 of this order; contracts may be 
                cancelled, terminated, or suspended absolutely, or 
                continuance of contracts may be conditioned upon future 
                compliance: Provided, that before issuing a directive 
                under this subsection, the Secretary shall provide the 
                head of the contracting department or agency an 
                opportunity to offer written objections to the issuance 
                of such a directive, which objections shall include a 
                complete statement of reasons for the objections, among 
                which reasons shall be a finding that completion of the 
                contract is essential to the agency's mission: And 
                provided further, that no directive shall be issued by 
                the Secretary under this subsection so long as the head 
                of the contracting department or agency continues 
                personally to object to the issuance of such directive;
                    (b) after consulting with each affected contracting 
                department or agency, provide that one or more 
                contracting departments or agencies shall refrain from 
                entering into further contracts, or extensions or other 
                modifications of existing contracts, with any 
                noncomplying contractor, until such contractor has 
                satisfied the Secretary that such con tractor has 
                complied with and will carry out the provisions of this 
                order: Provided, that before issuing a directive under 
                this subsection, the Secretary shall provide the head 
                of each contracting department or agency an opportunity 
                to offer written objections to the issuance of such a 
                directive, which objections shall include a complete 
                statement of reasons for the objections, among which 
                reasons shall be a finding that further contracts or 
                extensions or other modifications of existing contracts 
                with the noncomplying contractor are essential to the 
                agency's mission: And provided further, that no 
                directive shall be issued by the Secretary under this 
                subsection so long as the head of a contracting 
                department or agency continues personally to object to 
                the issuance of such directive; and
                    (c) publish, or cause to be published, the names of 
                contractors that have, in the judgment of the 
                Secretary, failed to comply with the provisions of this 
                order or of related rules, regulations, and orders of 
                the Secretary.

[[Page 11224]]

                Sec. 7. Whenever the Secretary invokes section 6(a) or 
                6(b) of this order, the contracting department or 
                agency shall report the results of the action it has 
                taken to the Secretary within such time as the 
                Secretary shall specify.

                Sec. 8. Each contracting department and agency shall 
                cooperate with the Secretary and provide such 
                information and assistance as the Secretary may require 
                in the performance of the Secretary's functions under 
                this order.

                Sec. 9. The Secretary may delegate any function or duty 
                of the Secretary under this order to any officer in the 
                Department of Labor or to any other officer in the 
                executive branch of the Government, with the consent of 
                the head of the department or agency in which that 
                officer serves.

                Sec. 10. The Federal Acquisition Regulatory Council 
                (FAR Council) shall take whatever action is required to 
                implement in the Federal Acquisition Regulation (FAR) 
                the provisions of this order and of any related rules, 
                regulations, or orders of the Secretary that were 
                issued to implement this Executive Order. The FAR 
                Council shall amend the FAR to require each 
                solicitation of offers for a contract to include a 
                provision that implements section 2 of this order.

                Sec. 11. As it relates to notification of employee 
                rights concerning payment of union dues or fees, 
                Executive Order 12836 of February 1, 1993, which, among 
                other things, revoked Executive Order 12800 of April 
                13, 1992, is revoked.

                Sec. 12. The heads of executive departments and 
                agencies shall revoke expeditiously any orders, rules, 
                regulations, guidelines, or policies implementing or 
                enforcing Executive Order 12836 of February 1, 1993, as 
                it relates to notification of employee rights 
                concerning payment of union dues or fees, to the extent 
                consistent with law.

                Sec. 13. This order is intended only to improve the 
                internal management of the executive branch and is not 
                intended to, nor does it, create any right to 
                administrative or judicial review, or any right, 
                whether substantive or procedural, enforceable by any 
                party against the United States, its agencies or 
                instrumentalities, its officers or employees, or any 
                other person.

                Sec. 14. The provisions of this order shall apply to 
                contracts resulting from solicitations issued on or 
                after the effective date of this order.

                Sec. 15. This order shall become effective 60 days 
                after the date of this order.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     February 17, 2001.

[FR Doc. 01-4621
Filed 02-21-01; 11:15 am]
Billing code 3195-01-P