Labor Standards

The Office of Legacy Benefits, Work Force Restructuring and Labor Management Relations, LM-20, serves as DOE's senior labor advisor. The Department determines coverage for contracts and procurements consistent with the Service Contract Act (SCA), 41 U.S.C. §§ 351-358, and the Davis-Bacon Act (DBA), 40 U.S.C. §§ 276a. A contract principally for services would be covered under the SCA. A contract principally for construction would be covered under the DBA. There are Federal Acquisition Regulations and Department of Energy Acquisition Regulations that supplement the SCA and the DBA. DOE Order 350.1, Contractor Human Resource Management Programs, outlines the responsibilities of LM-20, DOE Field Offices, and contractors.

For service contracts in excess of $2,500, the SCA requires incorporation of the most current, applicable wage determination (WD) into contract solicitations and exercise of an option to extend a contract. The U.S. Department of Labor (DOL) issues WDs which establish the minimum wages and fringe benefits a contractor must pay employees working on federal service contracts. WDs reflect the current prevailing wage and benefit rates for each locality or area. In recent years, as part of the E-Government initiative in the President’s Management Agenda, the Wage Determinations OnLine Program (WDOL) was launched and wage determinations can be obtained easier and more efficiently through this online resource.

The DBA requires payment of prevailing wages and fringe benefits to laborers and mechanics employed on direct Federal contracts in excess of $2,000 for construction, alteration or repair of public buildings and public works. DBA WDs are also issued by the DOL and can be obtained online through the WDOL website.

Labor Relations

The Office of Legacy Benefits, Work Force Restructuring and Labor Management Relations, LM-20, oversees, assists, and provides guidance and policy on labor relations to Field offices across the DOE complex. The National Labor Relations Act (NLRA), 29 U.S.C. §§ 151-169, gives Federal support to employees organizing and collective bargaining. The NLRA outlines unfair labor practices both by the employers and the unions. The National Labor Relations Board (NLRB) is an independent Federal agency established by Congress to administer the NLRA. The NLRB conducts elections to determine whether employees want union representation and investigates and remedies unfair labor practices by employers and unions.

The Fair Labor Standards Act, 29 U.S.C. §§ 201-219, outlines the Federal minimum wage, overtime pay, and prohibits discriminating against or discharging workers who file a complaint or participate in any proceedings under the Act.