[Federal Register: June 8, 2005 (Volume 70, Number 109)]
[Rules and Regulations]               
[Page 33655-33656]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Parts 2, 22, 52

[FAC 2005-04; FAR Case 2004-010; Item I]
RIN 9000-AK04

Federal Acquisition Regulation; Notification of Employee Rights 
Concerning Payment of Union Dues or Fees

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed to convert the 
interim rule amending the Federal Acquisition Regulation (FAR) 
published in the Federal Register at 69 FR 76352, December 20, 2004, to 
a final rule without change. This rule implemented Executive Order 
(E.O.) 13201, Notification of Employee Rights Concerning Payment of 
Union Dues or Fees. The rule requires Government contractors and 
subcontractors to post notices, in all plants and offices, whether or 
not used in performing work that supports a Federal contract, informing 
their employees that under Federal law they cannot be required to join 
a union or maintain membership in a union to retain their jobs. The 
required notices also advise employees who are not union members that 
they can object to the use of their union dues for certain purposes.

[[Page 33656]]

DATES: Effective Date: June 8, 2005.
    The Department of Labor's final rule implementing E.O. 13201 was 
published on March 29, 2004, with an effective date of April 28, 2004. 
This FAR rule is the formal notification to contracting officers to 
insert the E.O. 13201 clause in covered solicitations issued on or 
after the effective date of this rule.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Kimberly A. Marshall, Procurement 
Analyst, at (202) 219-0986. Please cite FAC 2005-04, FAR case 2004-010.


A. Background

    This final rule amends the Federal Acquisition Regulation. DoD, 
GSA, and NASA published an interim rule in the Federal Register at 69 
FR 76352, December 20, 2004. The 60-day comment period for the interim 
rule ended February 18, 2005. The Councils did not receive any public 
comments, and, therefore, agree to finalize the interim rule without 
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule merely 
requires contractors to post notices and to insert a clause in 
subcontracts and purchase orders requiring subcontractors and vendors 
to post the notices also. The notices advise the contractors' and 
subcontractors' nonunion member employees of their rights under 
existing law concerning use of their union dues or fees where a union 
security agreement is in place. The rule provides sanctions for 
noncompliance, but full compliance with the Executive Order and any 
related rules, regulations and orders of the Secretary of Labor is 
expected of all contractors. Further, this rule is only implementing 
the Department of Labor (DOL) final rule. The Secretary of Labor has 
certified to the Chief Counsel for Advocacy at the Small Business 
Administration that the DOL final rule will not substantially change 
existing obligations for Federal contractors. The Councils did not 
receive any comments relating to the Regulatory Flexibility Act. 
However, the Councils will consider comments from small entities 
concerning the affected FAR Parts 2, 22, and 52 in accordance with 5 
U.S.C. 610. Interested parties must submit such comments separately and 
should cite 5 U.S.C. 601, et seq. (FAC 2005-04, FAR case 2004-010), in 

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 1215-

List of Subjects in 48 CFR Parts 2, 22, 52

    Government procurement.

    Dated: May 27, 2005.
Julia B. Wise,
Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

Accordingly, the interim rule amending 48 CFR parts 2, 22, and 52, 
which was published at 69 FR 76352, December 20, 2004, is adopted as a 
final rule without change.
[FR Doc. 05-11180 Filed 6-7-05; 8:45 am]