Set Asides Will Now Apply to Overseas Procurements.AbilityOne Program Nonprofit Agencies Have Standing To Challenge Federal Agency Procurements That Violate Mandatory Provisions Of The JWOD Act.Subscribe to this blog Your website url Topics Topics Archives Archives Recent Posts …Ĭontinue Reading Collective bargaining under proposed FAR rules on nondisplacement of qualified workers The impact of DOL’s final rule on nondisplacement of qualified workers This differs from a normal successor employer, which is required to bargain with the union but not to comply with the existing collective bargaining agreement. The “perfectly clear” doctrine states that a successor employer is bound by the terms of a collective bargaining agreement when it is “perfectly clear” that the successor will retain all employees in the bargaining unit without changes to the terms and conditions of employment. The new FAR language does not address the apparent conflict between the policy requirement for nondisplacement of qualified workers and the requirement to accept the terms of an existing collective bargaining agreement under the NLRB’s “perfectly clear” doctrine. A new mandatory contract clause will incorporate the nondisplacement policy into all contracts and subcontracts at any tier to furnish services in the United States that succeed contracts for the same or similar work in the same location (unless an exemption or waiver applies). The proposed amendments restate the substance of the Executive Order and the DOL rule, omitting only the procedures for investigation and enforcement that do not pertain directly to contract administration.
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The FAR Council has proposed a new FAR Subpart 22.12 addressing Executive Order 13495 and the Department of Labor’s final rule on nondisplacement of qualified workers.