[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
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 
 
                      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.