No. 75-1661. April 22, 1976. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Bert Bisgyer, Washington, D.C., Bernard Levine, Director, Region 8, N.L.R.B., Cleveland, Ohio, for petitioner. John A. McGuinn, Patterson, Belknap, Farmer Shibley, Washington, D.C., for respondent. Before EDWARDS and CELEBREZZE, Circuit Judges, and HOGAN, Chief District Judge. The Honorable Timothy S. Hogan, Chief District Judge, for the Southern District of Ohio, sitting by designation. ORDER The National Labor
(a)Purpose. This part contains the Department of Labor's (Department) rules relating to the administration of Executive Order 14055 (Executive order or the order), "Nondisplacement of Qualified Workers Under Service Contracts," and implements the enforcement provisions of the Executive order. The Executive order assigns enforcement responsibility for the nondisplacement requirements to the Department. (b)Policy. (1) The Executive order states that the Federal Government's procurement interests in
(a)General - (1)No filling of employment openings prior to right of first refusal. Except as provided under the exclusion listed in § 9.4(b) or the exceptions listed in paragraph (c) of this section, a successor contractor or subcontractor must not fill any employment openings for positions subject to the SCA under the contract prior to making good faith offers of employment (i.e., a right of first refusal to employment on the contract), in positions for which the employees are qualified, to those