April 12, 1993
Subject: State Agency Agreements - Clause on National Labor Relations Board Orders
The State of California Resources Agency recently added to its agreements a clause regarding failure of the recipient institution to comply with a National Labor Relations Board order. The clause reads:
In signing this Agreement, the University certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against the University within the immediately preceding two-year period because of the University's failure to comply with an order of a Federal court which orders the University to comply with an order of the National Labor Relations Board.
This clause has been in the State Department of Health Services Exhibit A(S) for several years. However, it is clearly marked in Exhibit A(S) as "Not applicable if Contractor is a public entity." Since this statement is not provided with the clause in the Resources Agency agreement, campuses requested guidance on accepting this clause.
The University as a public entity is not subject to orders by the National Labor Relations Board. However, if the agency will not delete the clause, it can be accepted because the University Office of the General Counsel has stated that the University has had no contempt citations issued against it in connection with any labor disputes by the NLRB or any other boards in at least the last five years.
Refer: Samuela A. Evans
Subject: 02, 12
David F. Mears