Executive Order 13201: Notification of Employee Rights Concerning Payment of Union Dues or Fees

President: George W. Bush

Required covered federal contracts and subcontracts to include a workplace-notice clause describing employees’ rights concerning union membership and the use of compulsory dues or fees.

Status: Revoked.

Is Executive Order 13201 still in effect? No. Revoked January 30, 2009; implementing rule rescinded.

What does Executive Order 13201 do?

The order assigned these duties: Labor Department — Issue rules, investigate complaints and enforce covered contract clauses; FAR Council and contracting agencies — Add the required clause to covered solicitations and contracts.

SignedFebruary 17, 2001
IssuerPresident George W. Bush
Lead agencies or officialsLabor Secretary, FAR Council and contracting agencies
Express timingEffective after 60 days; contract clauses from covered solicitations thereafter

Before and after

Before the order

EO 12836 had revoked an earlier contractor notice order; employee rights under the National Labor Relations Act and Supreme Court precedent still existed independently.

After the order

After litigation, Labor issued a final rule at 29 CFR part 470 in 2004 and enforced the notice requirement. EO 13496 revoked EO 13201 in 2009, and Labor rescinded part 470. A different notice requirement under EO 13496 followed.

Who had to do what

Agency / officeActionTiming / position
Labor DepartmentIssue rules, investigate complaints and enforce covered contract clausesAfter the 60-day effective date
FAR Council and contracting agenciesAdd the required clause to covered solicitations and contractsFor solicitations issued on or after the effective date
Covered contractorsPost the prescribed employee-rights notice and flow the clause to covered subcontractsDuring covered contract performance

What happened next

EO 13201 signed.

A federal district court enjoined implementation.

The D.C. Circuit reversed and directed judgment for the Labor Secretary in UAW-Labor Employment & Training Corp. v. Chao.

Labor issued the final implementing rule at 29 CFR part 470.

EO 13496 revoked EO 13201.

Labor rescinded the implementing regulations.

Reviewed court position

Court status

See the court documents in Sources by type.