PART 3022—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3022.1—Basic Labor Policies
3022.101 Labor relations.
3022.101-70 Admittance of union representatives to DHS installations.
(a) Admittance of union representatives to Transportation Security Administration or United States Secret Service installations and work sites is not governed by this rule, but by laws, rules, regulations, Executive Orders and policies applicable to those Components. It is the policy of DHS to admit non-employee labor union representatives of contractor employees to DHS installations to visit work sites and transact labor union business with contractors, their employees, and union stewards pursuant to existing union collective bargaining agreements. Their presence must not interfere with the contractor's work under a DHS contract nor violate safety or security regulations that may be applicable to persons visiting the installation. However, if there have been incidents of vandalism, illegal work stoppages, or interference with work, the non-employee labor union representatives may be subject to access limitations. Non-employee labor union representatives will not be permitted to conduct meetings, collect union dues, or make speeches concerning union matters while visiting a work site during working hours.
(b) Whenever a non-employee labor union representative is denied entry to a work site, the person denying entry shall make a written report to the DHS labor advisor and Component labor advisor, if any, within two working days after the request for entry is denied. The report shall include the reason(s) for the denial, the name of the representative denied entry, the union affiliation and number, and the name and title of the person that denied the entry.
3022.101-71 Contract clauses.
(a) The contracting officer, may, when applicable, insert the clause at (HSAR) 48 CFR 3052.222–70, Strikes or Picketing Affecting Timely Completion of the Contract Work, in solicitations and contracts.
(b) The contracting officer may, when applicable, insert the clause at (HSAR) 48 CFR 3052.222–71, Strikes or Picketing Affecting Access to a DHS Facility, in solicitations and contracts.
Subpart 3022.4—Labor Standards for Contracts Involving Construction
3022.406 Administration and enforcement.
3022.406-9 Withholding from or suspension of contract payments.
(c) Disposition of contract payments withheld or suspended.
(1) Forwarding wage underpayments to the Secretary of Labor. The contracting officer shall ensure that a completed DHS Form 700–4, Employee Claim for Wage Restitution, is obtained from each employee claiming restitution under the contract.
Subpart 3022.90—Local Hire (USCG)
3022.9000 Policy (USCG).
As required by 14 U.S.C. 666, the U.S. Coast Guard shall include a provision for local hire in each contract for construction or services to be performed in whole or in part in a State that has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor.
3022.9001 Contract clause (USCG).
For the U.S. Coast Guard, the contracting officer shall insert the USCG clause at (HSAR) 48 CFR 3052.222–90, Local Hire (USCG), Local Hire Provision, in all solicitations and contracts as stated in (HSAR) 48 CFR 3022.9000.