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PART 12

LABOR

Subpart 1-Basic Labor Policies

12.000 Scope of Part. This Part (i) deals with general policies regarding labor, insofar as they relate to procurement, (ii) sets forth certain pertinent labor laws and requirements, indicating in connection with each its applicability and any procedures thereunder, and (iii) prescribes contract clauses. (This Part does not apply to any matter or agreement arising under Executive Order 10988 or to any related authority governing Employee-Management Cooperation in the Federal Service.)

12.101 Labor Relations. It is NASA policy to maintain and encourage the best possible relations with industry and labor in order that the Government may procure needed supplies and services without delay. All problems arising out of labor relations of private contractors and all communications with labor organizations or Federal agencies relative thereto will be handled in accordance with procedures which are consistent with the following general policy.

(a) NASA contracting officers, in taking any of the actions prescribed or authorized in this Part 12, will consult with and secure advice from the labor relations advisor or other NASA offical assigned such function at the installation concerned.

(b) NASA officials will remain impartial in, and will refrain from taking a position on the merits of, a dispute between labor and private management and will not undertake the conciliation, mediation, or arbitration of a labor dispute. NASA must, however, take any action that may be open to it under the circumstances to protect the Government's interest and to prevent, where possible, interruptions in NASA schedules.

(c) NASA will, insofar as is practicable, exchange information concerning labor matters with other affected Government agencies in order to maintain a uniform Government labor policy in a particular plant or labor-management dispute.

(d) NASĂ officials will not take any independent action with respect to labor matters which involve major policy determinations which have a substantial impact on the activities of NASA or other Government agencies without the prior approval of the Director, Office of Industrial Relations (Code QL). A full report concerning any labor relations problem, particularly where a labor dispute significantly threatens to affect important NASA procurement, should be furnished to the Director, Office of Industrial Relations, in accordance with 12.101-2.

(e) The Director, Office of Industrial Relations will take action in connection with labor relations problems consistent with his responsibilities, for example:

(i) giving notice of the existence of a labor dispute, which affects or threatens to affect procurement of supplies or services, to the Government agency which has responsibility for conciliation, mediation, arbitration, or other action with respect thereto;

(ii) advising the Government agency responsible for action with respect to labor disputes, or the parties to a labor dispute, of factual information pertaining to procurement of the supplies or services involved to the extent consistent with security regulations; or

NASA PROCUREMENT REGULATION

12.101

BASIC LABOR POLICIES

(iii) seeking to obtain such voluntary agreement between management and labor as will permit, notwithstanding the general continuance of the dispute, uninterrupted procurement of supplies and services, Frovided such activity does not involve NASA in the merits of a labor difference or dispute.

12. 101-1 Communications Regarding Labor Matters, Direct communication is not authorized with the national headquarters or national offices of any labor organization or Federal agency except with the specific prior approval of the Director, Office of Industrial Relations. Contracting officers are authorized to communicate directly with local labor organizations and local offices of Federal agencies as required to carry out their responsibilities set forth in 12.101-3 below. 12.101-2 Contract Pricing and Administration,

(a) Nothing in this 12.101 should be construed to relieve a contracting officer from his responsibility to achieve efficient contract pricing and administration.

(b) Contractor labor policies and compensation Fractices, whether or not they are provided for in labor-management agreements, are not an acceptable basis for allowances of cost in cost-reimbursement-type contracts or for recognition of costs in pricing fixedFrice-type contracts if and insofar as they result in unreasonable costs to the Government. Part 15, particularly 15.205-6(a) explains that the term "unreasonable costs" includes costs resulting from practices that are discriminatory against the Government or unwarranted in the context of the particular contract work.

(c) In some cases, labor disputes may give rise to wcrk stoppages which cause delays in the timely Ferformance of important contracts. The contracting cfficer should impress on the contractor that he will be held accountable for delays that are reasonably avoidable. It should be emphasized that the standard contract clauses dealing with default, excusable delays, etc., do not relieve the contractor for delays that are within his or his subcontractors' control, such as may be the case with delays precipitated by an unfair labor practice of the contractor. In addition, a delay caused by a strike which the contractor could nct reasonably prevent can be excused only to the extent that it does not go beyond the point at which a reasonably diligent contractor could resume the delayed performance by ending the strike by such means as:

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CFR TITLE 41 CHAPTER 18

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