What contractors or facilities are exempt from the posting requirements?
A. The requirement to post the employee notice does not apply to government contractors and subcontractors that employ fewer than 15 persons, to contractor establishments or construction work sites where no union has been formally recognized by the prime contractor or certified as the exclusive bargaining representative of the prime contractor’s employees, to contractor establishments or construction work sites in jurisdictions where state law forbids enforcement of union-security agreements and to work performed outside the United States that does not involve the recruitment or employment of workers within the United States.
Paragraph 470.4(a), number of employees: One commenter suggested that the exemption in this paragraph of the proposed regulations for contractors with fewer than fifteen (15) employees be eliminated. Another commenter suggested that the exemption be limited to contractors with two (2) employees, [[Page 16379]] the minimum number of employees that the National Labor Relations Board would certify as a bargaining unit to be represented by a labor organization. As indicated in the preamble to the NPRM implementing Executive Order 13201, the proposed and final rules implementing the predecessor order, Executive Order 12800, provided an exemption for contractors with fewer than fifteen (15) employees. See 57 FR 33406 (July 24, 1992), 57 FR 49596 (November 2, 1992). The preamble to the 1992 NPRM explained that the exemption threshold of fifteen employees was “consistent with that under Title VII of the Civil Rights Act of 1964, as amended, and the eventual threshold under Title I of the Amer
