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NLRB Issues Memorandum Addressing Fair Pay & Safe Workplace Executive Order

August 10, 2016

The National Labor Relations Board (NLRB) has issued Memorandum OM 16-23 addressing the collection of data in connection with the Fair Pay and Safe Workplace Executive Order. The Memo directs the NLRB’s regional office personnel to report alleged labor law violations by federal contractors named by regional directors in unfair labor practice complaints. The purpose is to identify employers with federal contracts and ensure that federal contracting agencies know when the NLRB has issued a complaint against a federal contractor.

Part of this new reporting is the creation of a new position, a Labor Compliance Advisor, who will assist contracting officers in making their contractor responsibility determination by assessing whether the contractors’ violations of labor law are “serious,” “repeated,” “willful”, or “pervasive.”

 The NLRB already collects certain information, however the Agency will now collect four additional data points which are necessary to link their data with data gathered by other enforcement agencies. The new data points include Commercial and Government Entity (CAGE) Codes and Data Universal Numbering System (DUNS) identifiers, and Employer Identification Number (EIN) or Taxpayer Identification Number (TIN).

The Order contemplates that the NLRB, along with DOL and EEOC, will make information concerning the agency findings of labor law violations available to the labor compliance advisors which is necessary for their assessments. The Executive Order applies to complaints issued on or after July 1, 2016.

The President signed the Executive Order to promote federal government procurement from responsible sources who comply with labor laws, including the NLRB. However, the Executive Order has not yet been finalized and is triggering many debates.