[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 48CFR22.101-1]



[Page 407-408]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 22_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents

 

                    Subpart 22.1_Basic Labor Policies

 

Sec. 22.101-1  General.



    (a) Agencies shall maintain sound relations with industry and labor 

to ensure (1) prompt receipt of information



[[Page 408]]



involving labor relations that may adversely affect the Government 

acquisition process and (2) that the Government obtains needed supplies 

and services without delay. All matters regarding labor relations shall 

be handled in accordance with agency procedures.

    (b)(1) Agencies shall remain impartial concerning any dispute 

between labor and contractor management and not undertake the 

conciliation, mediation, or arbitration of a labor dispute. To the 

extent practicable, agencies should ensure that the parties to the 

dispute use all available methods for resolving the dispute, including 

the services of the National Labor Relations Board, Federal Mediation 

and Conciliation Service, the National Mediation Board and other 

appropriate Federal, State, local, or private agencies.

    (2) For use of project labor agreements, see 36.202(d).

    (c) Agencies should, when practicable, exchange information 

concerning labor matters with other affected agencies to ensure a 

uniform Government approach concerning a particular plant or labor-

management dispute.

    (d) Agencies should take other actions concerning labor relations 

problems to the extent consistent with their acquisition 

responsibilities. For example, agencies should--

    (1) Notify the agency responsible for conciliation, mediation, 

arbitration, or other related action of the existence of any labor 

dispute affecting or threatening to affect agency acquisition programs;

    (2) Furnish to the parties to a dispute factual information 

pertinent to the dispute's potential or actual adverse impact on these 

programs, to the extent consistent with security regulations; and

    (3) Seek a voluntary agreement between management and labor, 

notwithstanding the continuance of the dispute, to permit uninterrupted 

acquisition of supplies and services. This shall only be done, however, 

if the attempt to obtain voluntary agreement does not involve the agency 

in the merits of the dispute and only after consultation with the agency 

responsible for conciliation, mediation, arbitration, or other related 

action.

    (e) The head of the contracting activity may designate programs or 

requirements for which it is necessary that contractors be required to 

notify the Government of actual or potential labor disputes that are 

delaying or threaten to delay the timely contract performance (see 

22.103-5(a)).



[48 FR 42258, Sept. 19, 1983, as amended at 27415, May 16, 2001]