On May 20, 2010, the Federal Register published the final rule detailing the contents of a notice federal contractors and subcontractors must post, advising employees of their rights under the National Labor Relations Act (“NLRA”).  Contractors will have to post the notice listing employees’ rights under the NLRA, including the right of employees to form unions, as well as the right not to join a union.  The notice also lists specific protected activity and unlawful union activities, in an attempt to be balanced.  This regulation does not apply to prime contracts under $100,000 or to subcontracts below $10,000. A covered contractor is required to post the notice once it enters a new federal contract, subcontract or modification after June 19, 2010.     

 

The previous version of this poster, known as the Beck Poster, informed federal contractor employees of the right not to join a union and the right to “opt out” of paying the portion of dues used by unions for political contributions or other activities not related to administering a collective bargaining agreement.  This right had been recognized by the United States Supreme Court in its 1988 decision in Communication Workers v. Beck.  On January 30, 2009, President Obama signed an Executive Order repealing the Beck notice requirements and invoking the new notice requirements that are fleshed out in the May 20th Federal Register.