ExecutiveOrdersEO
EO 13201Executive OrderG.W. Bush · R

Executive Order 13201

Notification of Employee Rights Concerning Payment of Union Dues or Fees

This executive order requires federal contractors to post notices informing employees of their rights regarding union dues and fees, including the right to object to paying for non-collective-bargaining activities. It revokes a prior Clinton-era order and empowers the Secretary of Labor to enforce compliance through contract cancellations, debarment, and public naming of noncomplying contractors.

Federal Register Open PDF 66 FR 11221

Impact dates

  1. Executive Order becomes effective

  2. FAR Council to take action to implement provisions in Federal Acquisition Regulation

  3. Heads of agencies to revoke orders, rules, regulations implementing EO 12836 expeditiously

Key directives

  • Secretary of Labor to administer and enforce the order
  • All government contracting departments and agencies to include notice provisions in contracts
  • Contractors to post prescribed notice of employee rights regarding union dues
  • Contractors to include provisions in subcontracts and purchase orders
  • Secretary may investigate violations and receive complaints
  • Secretary may impose sanctions including contract cancellation, debarment, and public naming
  • FAR Council to amend Federal Acquisition Regulation to implement order
  • Revocation of EO 12836 and related implementing policies

Who is ordered

Timeline

Immediate

  • EO signed
  • revocation of EO 12836 effective
  • heads of agencies directed to revoke implementing policies expeditiously

Near term (90d)

  • EO becomes effective (60 days after signing)
  • FAR Council required to amend Federal Acquisition Regulation
  • Secretary of Labor to adopt rules and regulations

Long term

  • Ongoing contractor compliance and enforcement
  • Potential sanctions and debarment of noncomplying contractors

Risks & tensions

  • Potential conflict between Secretary of Labor and agency heads over contract cancellation/debarment directives due to personal objection provisions
  • Scope of 'economy and efficiency' justification may be legally challenged as pretext for anti-union policy
  • Flow-down requirements to subcontractors may create compliance burdens and litigation
  • Exemption provisions give Secretary broad discretion, creating uncertainty for contractors
Executive Order 13201: Notification of Employee Rights Concerning Payment of Union Dues or Fees · Executive Orders