SELF, HUNNIBELL, MARK

I believe the sole reliance on NLRA entitlements is inconsistent with the intent of the Executive Order 13496 of January 30, 2009 which stated, in part: "The attainment of industrial peace is most easily achieved and workers’ productivity is enhanced when workers are well informed of their rights under Federal labor laws, including the National Labor Relations Act (Act), 29 U.S.C. 151 et seq." "Federal labor laws" is a plural and general term and although one specific law is included, the order does NOT limit the notice of rights under the NLRA. Thus, I disagree with the Secretary who states in the NPRM: "The proposed notice contains those employee rights established under the National Labor Relations Act (‘‘NLRA’’), 29 U.S.C. 151, et seq. The Secretary believes providing notice of the rights under the NLRA bests effectuates the purpose of the Executive Order." The problem is that there are rights for employees governed by OTHER Federal labor laws that are often exclusive of those in the NLRA, the Railway Labor Act (RLA) in particular, which regulates labor in the rail and airline industries. The NPRM specifically excludes employees at RLA employers: "§ 471.4 What employers are not covered under this part? "(b) Additionally, employers exclusively employing workers who are excluded from the definition of ‘‘employee’’ under the NLRA are not covered by the requirements of this part. Those excluded employees are employed: ... "(6) By an employer subject to the Railway Labor Act." I believe President Obama intended to ensure that ALL employees working for employers with government contracts be informed of ALL their rights under ALL federal labor laws, not just SOME employees informed of SOME rights under ONE law. Although a number of NLRA rights have been adopted by courts as applying in RLA context, the RLA has some very different provisions. This rule does nothing to inform the hundreds of thousands (if not millions) of RLA employees of their rights.