[Code of Federal Regulations]

[Title 29, Volume 2]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR470.4]



[Page 232-233]

 

                             TITLE 29--LABOR

 

  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

 

PART 470_OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTICE OF 

EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES--Table of Contents

 

                      Subpart A_Preliminary Matters

 

Sec. 470.4  What contractors or facilities are exempt from the posting 

requirements?



    (a) Number of employees. The requirement to post the employee notice 

given in Sec. 470.2(a) (hereafter, posting requirement) does not apply 

to contractors and subcontractors that employ fewer than 15 persons.

    (b) Union representation. The posting requirement does not apply to 

contractor establishments or construction work sites where no union has 

been formally recognized by the prime contractor or certified as the 

exclusive bargaining representative of the prime contractor's employees.

    (c) State law. The posting requirement does not apply to contractor 

establishments or construction work sites in jurisdictions where state 

law forbids enforcement of union-security agreements. For purposes of 

this paragraph, the term ``state'' is intended to include any of the 

entities identified as comprising the United States, as defined in Sec. 

470.1(2).



[[Page 233]]



    (d) Work not performed under Government contracts. Upon the written 

request of the contractor, the Deputy Assistant Secretary for Labor-

Management Programs may waive the posting requirements with respect to 

any of a contractor's facilities if the Deputy Assistant Secretary finds 

that the contractor has demonstrated that:

    (1) The facility is in all respects separate and distinct from 

activities of the contractor related to the performance of a contract; 

and

    (2) Such a waiver will not interfere with or impede the effectuation 

of the Executive Order.

    (e) Work outside the United States. The posting requirement does not 

apply to work performed outside the United States that does not involve 

the recruitment or employment of workers within the United States.