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