Search form

Final Rule Requiring Posting of Beck Rights Issued by Department of Labor

  • April 12, 2004

The Department of Labor has issued final regulations requiring federal contractors to post notices detailing employees' rights under the U.S. Supreme Court's 1988 decision in Communication Workers v. Beck.  In brief, Beck allows employees paying union dues to "opt out" of paying the portion of dues used towards political contributions or other activity not related to administration of the collective bargaining agreement. The rule, which goes into effect on April 28, 2004, requires non-exempt contractors to post notices where workplace postings are located and in other "conspicuous places." The rule also specifies the language to be used on the notice.  A downloadable version of a sample Beck notice poster in Adobe Acrobat (.pdf) format is posted on the DOL's website. Contractors also must include a provision requiring compliance with the Beck posting obligations in all covered contracts, subcontracts, and purchase orders.

The rule will be enforced by the Office of Federal Contractor Compliance Programs (OFCCP) and violations of the rule may result in sanctions, including the suspension or termination of a current contract and debarment from future contracts. Contractor facilities where a union has not been formally recognized or certified -- or are located in a state where union security agreements cannot be enforced ("right to work" states) -- are not covered by the rule.

Please do not hesitate to contact us if you have any questions about the new rule.  We are available to help with the practical aspects of coverage by and compliance with this and other DOL regulations. Please contact the Jackson Lewis Affirmative Action Practice Group.

©2004 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

See AllRelated Articles You May Like

May 20, 2019

Labor Board General Counsel’s Review of Employer Work Rules a Mixed Bag

May 20, 2019

The National Labor Relations Board’s (NLRB) General Counsel (GC) has issued an Advice Memorandum on whether unfair labor practice charges alleging four employer rules violated the National Labor Relations Act (NLRA) have merit. In a Memorandum released on March 14, 2019, the GC concluded that the employer’s dress-code, confidential-... Read More

May 17, 2019

The EPL Insurance Advisor – May 2019

May 17, 2019

To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments. 2019 EPLI Trends Report – What Analysts and Underwriters Should... Read More

May 17, 2019

A Numbers Game: Labor Board Rules on Successor Employer’s Bargaining Obligation

May 17, 2019

The National Labor Relations Board (NLRB) has held that an operator of a unionized nursing home pursuant to a lease agreement with the former owner and operator was a successor employer under the National Labor Relations Act (NLRA), despite the fact that a majority of its bargaining unit employees did not come from the bargaining unit of... Read More