[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]
[DOCID:fr08jn05-29]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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.
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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.
SUPPLEMENTARY INFORMATION:
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
change.
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
correspondence.
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-
0203.
List of Subjects in 48 CFR Parts 2, 22, 52
Government procurement.
Dated: May 27, 2005.
Julia B. Wise,
Director, Contract Policy Division.
0
Interim Rule Adopted as Final Without Change
0
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]