FAR 22.1405—Collective bargaining agreements.
Plain-English Summary
FAR 22.1405 addresses what a contracting officer must do when performance under the Equal Opportunity for Workers with Disabilities clause at 52.222-36 may require changes to a collective bargaining agreement (CBA). Its purpose is to protect the integrity of the labor relations process while ensuring that disability-related equal opportunity requirements can be implemented without improper government interference. In practice, the section requires the contracting officer to notify affected labor unions that the Department of Labor will provide them an appropriate opportunity to present their views if a CBA revision may be needed. At the same time, it strictly limits government involvement by prohibiting the contracting officer, and anyone acting for the contracting officer, from discussing any aspect of the CBA with either the contractor or any labor representative. This section therefore covers CBA revisions, union notification, Department of Labor involvement, and a clear noninterference rule for government personnel.
Key Rules
Notify affected unions
If contract performance under 52.222-36 may require a revision to a collective bargaining agreement, the contracting officer must advise the affected labor unions. The notice is tied to the possibility of CBA changes, not to a completed revision.
DOL provides opportunity to comment
The contracting officer must tell the unions that the Department of Labor will give them an appropriate opportunity to present their views. The section places the labor-relations engagement function with DOL rather than the contracting officer.
No CBA discussions by CO
Neither the contracting officer nor any representative of the contracting officer may discuss any aspect of the collective bargaining agreement with the contractor or any labor representative. This is a broad prohibition covering the substance, terms, and possible revisions of the agreement.
Applies only when revision may be necessary
The rule is triggered only when performance under the disability equal opportunity clause may necessitate a CBA revision. If no revision issue exists, this section does not impose the notification requirement.
Responsibilities
Contracting Officer
Determine whether performance under 52.222-36 may require a CBA revision; if so, advise the affected labor unions that DOL will provide an opportunity to present their views; avoid all discussion of any aspect of the CBA with the contractor or labor representatives.
Representatives of the Contracting Officer
Follow the same noninterference rule as the contracting officer and refrain from discussing any aspect of the collective bargaining agreement with the contractor or any labor representative.
Department of Labor
Provide the affected labor unions an appropriate opportunity to present their views regarding the potential CBA revision.
Affected Labor Unions
Receive the notice and present their views through the Department of Labor process if they choose to do so.
Contractor
Do not seek CBA negotiations or substantive discussion of the agreement with the contracting officer or the contracting officer’s representatives under this section; address labor agreement issues through the proper labor-relations channels.
Practical Implications
This is a narrow but important labor-relations safeguard: the contracting officer’s role is limited to notice, not negotiation or interpretation of the CBA.
A common pitfall is informal conversation with union officials or contractor personnel about how the disability clause might affect wages, hours, seniority, or other CBA terms; that is prohibited.
Another risk is assuming the contracting officer should help resolve the labor issue directly; instead, the matter is routed through DOL.
Contracting officers should document the notice to the unions and then stop short of any substantive follow-up on the agreement itself.
Contractors should understand that compliance with the disability equal opportunity clause may trigger separate labor-relations processes, but those discussions must occur outside the contracting officer’s chain of communication.
Official Regulatory Text
If performance under the clause at 52.222-36 , Equal Opportunity for Workers with Disabilities, may necessitate a revision of a collective bargaining agreement, the contracting officer shall advise the affected labor unions that the Department of Labor will give them appropriate opportunity to present their views. However, neither the contracting officer nor any representative of the contracting officer shall discuss with the contractor or any labor representative any aspect of the collective bargaining agreement.