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PART 1222 - APPLICATION OF
LABOR LAWS TO GOVERNMENT ACQUISITIONS
SUBPART 1222.1--BASIC LABOR POLICIES
1222.101 Labor relations.
1222.101-70
Admittance of union representatives to DOT installations.
(a) It
is DOT policy to admit labor union representatives of contractor employees to
DOT installations to visit work sites and transact labor union business with
contractors, their employees, or union stewards pursuant to existing union
collective bargaining agreements. Their presence shall not interfere with the
contractor's work progress under a DOT contract nor violate the safety or
security regulations that may be applicable to persons visiting the
installation. The union representatives will not be
permitted to conduct meetings, collect union dues, or make speeches concerning
union matters while visiting a work site.
(b)
Whenever a union representative is denied entry to a work site, the person
denying entry shall make a written report to the DOT labor coordinator, the Office of the General Counsel, Office
of Environmental Law, Civil Rights and General Law (C-10), within the Office
of the Secretary of Transportation or corresponding OA labor advisor,
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.
1222.101-71
Contract clauses.
(a) When applicable,
the contracting officer may insert the clause at (TAR) 48 CFR 1252.222-70,
Strikes or Picketing Affecting Timely Completion of the Contract Work, in
solicitations and contracts.
(b) When applicable
the contracting officer may insert the clause at (TAR) 48 CFR 1252.222-71,
Strikes or Picketing Affecting Access to a DOT Facility, in solicitations and
contracts.
SUBPART 1222.4--LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION
1222.406 Administration and
enforcement.
1222.406-9Withholding from or suspension of
contract payments.
(c) Disposition of contract payments withheld or suspended.
(1) Forwarding
wage underpayments to the Secretary of
the Treasury. The contracting officer shall ensure that a
completed Form DOT F 4220.7, Employee Claim for Wage Restitution, is obtained
from each employee claiming restitution under the contract. The Comptroller
General (Claims Division) must receive this form with a completed Standard Form
(SF) 1093, Schedule of Withholding Under the
Davis-Bacon Act or the Contract Work Hours and Safety Standards Act, before
payment can be made to the employee.