Notice2025-08737

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notice of Employee Rights Under National Labor Relations Act Complaint Process

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
May 16, 2025

Issuing agencies

Labor Department

Abstract

In compliance with the Paperwork Reduction Act of 1995 (PRA), the Department of Labor (DOL) is soliciting public comments regarding the proposed extension of this Office of Labor-Management Standards (OLMS)-sponsored information collection for the authority to continue the information collection request (ICR) titled, "Notice of Employee Rights under National Labor Relations Act Complaint Process," currently approved under OMB Control Number 1245-0004.

Full Text

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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Pages 21078-21079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08737]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Notice of Employee Rights Under National Labor 
Relations Act Complaint Process

AGENCY: Office of Labor-Management Standards, Department of Labor.

ACTION: Notice; request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA), 
the Department of Labor (DOL) is soliciting public comments regarding 
the proposed extension of this Office of Labor-Management Standards 
(OLMS)-sponsored information collection for the authority to continue 
the information collection request (ICR) titled, ``Notice of Employee 
Rights under National Labor Relations Act Complaint Process,'' 
currently approved under OMB Control Number 1245-0004.

DATES: Consideration will be given to all written comments received by 
July 15, 2025.

ADDRESSES: A copy of this ICR with applicable supporting documentation, 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden, may be obtained free by 
contacting Andrew Davis at (202) 693-0123 (this is not a toll-free 
number). For persons with a hearing or speech disability who need 
assistance to use the telephone system, please dial 711 to access 
telecommunications relay services.

[[Page 21079]]

    Electronic submission: You may submit comments and attachments 
electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, by searching for Docket 
ID LMSO-2025-0001.
    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Andrew Davis, Director of the Office 
of Program Operations, Office of Labor-Management Standards, U.S. 
Department of Labor, 200 Constitution Avenue NW, Room N-5609, 
Washington, DC 20210, by telephone at (202) 693-0123 (this is not a 
toll-free number), 711 (TTY/TDD), or by email at <a href="/cdn-cgi/l/email-protection#a6c9cacbd58bd6d3c4cacfc5e6c2c9ca88c1c9d0"><span class="__cf_email__" data-cfemail="442b28293769343126282d2704202b286a232b32">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Executive Order 13496 (E.O. 13496), signed 
on January 30, 2009, specifies certain provisions related to employees' 
rights under Federal labor law that Federal Government contracting 
departments and agencies must include in every Government contract, 
except for collective bargaining agreements and contracts for purchases 
under the Simplified Acquisition Threshold. The Order provides the text 
of these contractual provisions. One of these provisions requires 
contractors and subcontractors to post a notice informing employees of 
their rights under the National Labor Relations Act.
    OLMS administers the enforcement provisions of Executive Order 
13496, while the compliance evaluation and investigatory provisions are 
handled by the Department's Office of Federal Contract Compliance 
Programs (OFCCP), pursuant to the Order's implementing regulatory 
provisions (29 CFR part 471). Complaints can be filed with both 
agencies.
    The Department seeks extension of the current approval to collect 
this information. An extension is necessary because if this information 
collection is not conducted, E.O. 13496 could not be enforced through 
the complaint procedure.
    One of the Order's contractual provisions requires contractors and 
subcontractors to post a notice informing employees of their rights 
under the National Labor Relations Act. The Secretary is granted the 
authority to ``prescribe the size, form, and content of the notice.'' 
E.O. 13496, section 3(b). The notice, as prescribed by the Secretary, 
also lists activities that are illegal under the Act. The notice 
concludes with a general description of the remedies to which employees 
may be entitled if these rights have been violated and contact 
information for further information about those rights and remedies, as 
well as enforcement procedures.
    The E.O. also requires contractors to include the same clauses in 
their nonexempt subcontracts and purchase orders, and describes 
generally the sanctions, penalties, and remedies that may be imposed if 
the contractor fails to satisfy its obligations under the Order and the 
clause.
    The regulatory provisions implementing E.O. 13496 (29 CFR part 471) 
include the language of the required notices, and they explain posting 
and contractual requirements, the complaint process, the investigatory 
process, and sanctions, penalties, and remedies that may be imposed if 
the contractor or subcontractor fails to comply with its obligations 
under the Order. Specifically, 29 CFR part 471.11(c) sets forth the 
procedures that the Department must use when accepting written 
complaints alleging that a contractor doing business with the Federal 
government has failed to post the notice required by the Executive 
order.
    The Department estimates a total of ten respondents with an equal 
number of responses per year. Since the ICR was last approved in 2022, 
the Department has received ten or fewer formal complaints each year. 
The Department thus maintains its estimate of ten complaints for the 
purposes of this renewal request. The Department continues to estimate 
that it will take a complainant 1.28 hours to file a complaint, for a 
total of 12.8 hours for the estimated 10 complaints.
    Additionally, employees will incur costs of $0.77 per complaint in 
capital/start-up costs ($0.73 for standard-sized, rectangular envelopes 
postage in February 2025 \1\ + $0.03 for an envelope + $0.01 for paper) 
for a total cost of $7.70. (Although employees will submit many if not 
all complaints via email, the Department assumes, conservatively, that 
it will receive all via mail.) The total cost for the estimated ten 
complaints is therefore $7.70. There are no ongoing operation/
maintenance costs associated with this information collection.
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    \1\ See: <a href="https://www.usps.com/business/prices.htm">https://www.usps.com/business/prices.htm</a>.
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    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record. Commenters are encouraged not to submit 
sensitive information (e.g., confidential business information or 
personally identifiable information such as a social security number).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three years. OMB authorization for an ICR cannot be for more than three 
years without renewal. The DOL notes that information collection 
requirements submitted to the OMB for existing ICRs receive a month-to-
month extension while they undergo review.
    Agency: DOL-OLMS.
    Type of Review: Extension.
    Title of Collection: Notice of Employee Rights under National Labor 
Relations Act Complaint Process.
    OMB Control Number: 1245-0004.
    Affected Public: Individuals or Households.
    Total Estimated Number of Respondents: 10.
    Frequency: On Occasion.
    Total Estimated Number of Responses: 10.
    Estimated Average Time per Response: 1.28 hours.
    Total Estimated Annual Time Burden: 12.8 hours.
    Total Estimated Annual Other Costs Burden: $7.70.

(Authority: 44 U.S.C. 3506(c)(2)(A))

Andrew Davis,
Director of the Office of Program Operations.
[FR Doc. 2025-08737 Filed 5-15-25; 8:45 am]
BILLING CODE 4510-86-P


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Indexed from Federal Register on May 16, 2025.

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