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First let talk about what
      s                           a   PLA   actually   is



On any   given   construction     project everyone involved in that job            has   a

contract thatspecifies      what is  expected of them and what their
compensation shall be The architect has contract the civil and design
                                                           or

engineer has a contract the project manager has a contract and each
general contractor and subcontractor has a contract


So why is it that everybody on a construction project has a contract
except the workers who are actually going to build the project


A   Project   Labor   Agreement   is   simply   a   contract for the workers just like
the contracts issued for everyone else involved in the             project




                                                                                             3
1


                                 yi

              A   Proje                   r   gi
                                              A          nt   PLA       s


J
                  com           hire
                                en0vwPire collective
               baley

                                               that
                                               ement          the
                                                              ets
                                tee                  n     ions     f
                          ale             a11 rite            i         ti




                                 H
                                                                         tttTt
    Employment                       industry is highly fragmented Any
                   in the construction
    sizable construction project involves a constantly changing stream of
    contractors and subcontractors responsible for discrete aspects of the
    job Each of those contractors and subcontractors supplies its own
    complement of employees who are for the most part hired for the
    particular project


    In the unionized sector each trade has its own local collective bargaining
    agreement with different expiration dates work rules schedules and
    holidays In the non sector each contractor similarly comes to
                     union                                                       the
    project with its own labor relations structure and hiring needs This
    fragmentation presents particular challenges on large long
                                                             duration
    projects


    Project   Labor    Agreements     are in essence a commercial
                                                               proposition
    between construction      owners   organized labor They have been used
                                         and
    extensively in both the public and private sector for over 70 years and
    were determined to be legal on public construction work by the U S
    Supreme Court in the Boston Harbor decision       in 1992



    The  Agreements provide a mechanism for quickly and consistently
    staffing the job with the most highly qualified employees from all
                                   trained
    of the trades in order to ensure on and on construction They
                                     time       budget
    create the labor framework for the entire project and make it
               relations                                                               4
    possible to establish and maintain a coherent set of wage relationship
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A PLA is a departure from the usual type of collective
                                                        bargaining agreement through
which a single employer or multi industry group negotiates an agreement with a
                             employer
union representing a single construction trade With a PLA the entity with control over
the entire operation   and the most vested interest in its success  directs the negotiation
of an umbrella agreement that applies across a project to all contractors and
      type
subcontractors that will be working on the project throughout its entire duration It is
therefore typically used as a workforce management and jobsite efficiency tool on large
complex long projects that will involve multiple contractors and employees from a
           term
variety of trades

Owners in the private and public sectors cite the same reasons for using PLAs on
particular projects Among the principle determinants are the scope of the project and
the importance of keeping it on schedule The larger the project and the longer its
duration the more fragmented the job is likely to be and the greater the number of
contractors and subcontractors whose work has to be coordinated


Project agreements directly   address these issues by providing the construction manager
or general contractor with a mechanism for coordinating scheduling and work rules and
establishing clear lines of communication and accountability on the job The agreements
also foster positive labor communication and cooperation which can
                     management
resolve any issues before they develop into problems that can affect scheduling or
productivity

PLAs also          construction owners uninterrupted work and on delivery by
               assure                                           time
ensuring   a       stream of experienced skilled trades people who have been trained
               steady
within the world most admired skilled craft apprenticeship infrastructure The
           s
agreements typically incorporate the positive well centralized hiring hall
                                                 proven
referral systems found in the local collective bargaining agreements




                                                                                              5
ld




     For federal state and local agencies looking to invest taxpayer dollars in
     today construction market they just like corporations in the private
     s
     sector      essentially    have two distinct business models from which to
     choose



     The first is     a                  epitomized by the use of PLAs It is
                          business model that is                                               a

     business model that offers increase jobsite efficiencies through a 21st
     century labor approach based upon cooperation harmony
             management
     and partnership



     And it is   an   approach that ensures that the construction owner will have              a

     steady   LOCAL      supply of the world safest most highly skilled and
                                       s

     productive       skilled craft workforce      a workforce that in turn receives a
     pay and benefits         package   reflective of their skill and productivity levels
     which    numerous         studies have shown      actually   reduces costs for   public
     agencies


     Further the PLA model promotes the development of additional
     opportunities for local residents particularly women minorities and
     those from traditionally disadvantaged communities        to gain access to
     career training opportunities in the skilled trades a critical issue given the

     significant future needs for skilled craft workers in the United States

                                                                                                   6
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Overall PLAs     are   utilized to enhance contractor value and to address
recurrent issues in the construction                industry


Specifically    PLAs   are     designed   to



Assure that     high projects
                quality                     are      completed    in     a   timely fashion
Establish resolution
          dispute processes                            to avoid   compromising project
completion timeframes
Support training and career development opportunities for disadvantaged
groups while maintaining the integrity and quality of the world most
                                                          s

prominent skilled apprenticeship programs
Improve jobsite    efficiencies

Where  appropriate assist open contractors to compete for work
                          shop
under PLAs while maintaining contractual pay and working conditions
and protecting union benefit funds

Support innovation in          contract   approaches in the public sector               as    well   as

specific work methods          on    construction projects

Address  changes in craft work            rules that heretofore may have               hampered
productivity and efficiency



                                                                                                          7
tffiding 6 Construction Trades Department
                                                      11




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                               Y




    PLAs   were    first used in the 1930sfunded control
                                          government flood
                                              on

    projects and hydroelectric dams In the 1940s these agreements became
    a regular feature on construction projects at defense and atomic energy

    facilities By the 1960s the agreements were being used on important
    private and public works projects such as Walt Disney World Cape
    Canaveral and the Trans Pipeline Today PLAs are commonly
                        Alaska
    used on public and private sector projects ranging in size from shopping
    centers and schools to major industrial facilities airports and waste water
    remediation projects



    The Los     Angeles   Unified School District has been   conducting a 19
                                                                           3
    billion school construction and renovation        project slated to run through
    2012 under a PLA first negotiated in 1998         And in 2008 the Los Angeles
    Board of Airport Commissioners agreed to manage 1 billion of
                                                        8                    new

    projects at the Los Angeles International Airport under a PLA



    The first nuclear power facilities to be constructed in over 30 years        at
    Plant Vogtle in Burke GA and Calvert Cliffs in Lusby MD      will be
    constructed under      a   PLA   Toyota    Corporation has constructed all
                                              Motor

    eight of its manufacturing facilities in North America under Community
    Workforce Agreements As a result the company has reported that their
    construction costs are one less than their competitors who do not
                            third
    use of PLAs Indeed since 2009 America Building Trades Unions have
                                        s
    signed PLAs covering   over 100 projects in the private and public sector

    with   a   total market value that exceeds 50 billion                             8
p
                   dvLL d



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                            Otdlding 6 Construction Trades Department

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                                                                     I



                                                     as                    thy




    The PLA business model lies in stark contrast to what is known               as   the

    open shop or merit shop business model whose advocates
    staunchly believe that work in the construction industry ought to be
    awarded based primarily upon a contractor ability to assemble the
                                     s
    lowest lowest workforce possible Often times these
    skilled cost
    workers are vulnerable and easily exploited



    The   open shop          orshop advocates believe that PLAs work to the
                                  merit
    detriment of fair and open competition  which might be true if your view
    of fair and open competition involves a race mentality that
                                             bottom
                                             the
                                             to
    eschews health care coverage and pension coverage for its employees
    and classifies them as independent contractors in order to cheat
    federal state and local governments out of taxes and other revenues


    In other   words for the open business model workers
                             shop                                    are         treated    as

    expendable commodities that are easily exploited   and   easily replaced




                                                                                                 9
Oultding 6 Construction Trades Department
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    Through  their opposition to PLAs open advocates are actually trying to divert
                                      shop
    attention away from the open shop business model       which can be characterized as a
    race approach to business What is surprising is that many the industry
    bottom
    the
    to
    the media and lawmakers turn a blind eye to the despicable actions that comprise the
    open shop business model Wouldn many employers like to have a cheap subservient
                                   t
    work force that for all intents and purposes has no legal rights Unfortunately the
    answer to this question is yes And that because the open business model is
                                         s                shop
    forcing many once companies into utilizing race
                 reputable                     bottom
                                               the
                                               to                                    tactics   as a

    means    to survive



    Look at the facts Real wages for construction workers were lower in 2006 than they were
    in 1973 Adjusted for inflation construction workers in 1973 earned the equivalent of
    22 an hour in today dollars By 2006 that number had slid to 18 17 below
    13               s                                                29
    their 1973    earnings adjusted for inflation Additionally according   to the federal

    government economic census contractors profits grew between 1977 and 2002
    s
    However workers did not get their fair share of the gain instead the proportion of
    construction receipts paid to payroll and benefits actually declined by almost 14 during
    that   same   period


    The  open race to the bottom approach undermines all aspects of a fair
         shop
    marketplace and in so doing thumbs its nose at the United States of America while
    simultaneously exploiting the hopes and dreams of poor and desperate workers many
    of them undocumented workers who simply desire to care for their families




                                                                                                      10
Hdin           Construction Trades Department

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    Miller             of if not the largest concrete firms in the nation According to the
                 Long is   one

    summer       2006 issue of Mid
                               AtlanticConstruction Miller Long had revenues of 372
    million Unfortunately estimates are that some 90 percent of Miller    Long Concrete
    Construction 3 employees may be undocumented workers judging from a New
    s 000
    York Times report as well as police accounts of major arrests of Miller  Long workers


    The story of how Miller Long achieves success by exploiting a low low
                                                                  wage skill
    workforce is emblematic of the open shop business model Consider this excerpt from
    a New York Times article It a quote from Myles Gladstone
                             s                                 who is Miller Long VP
                                                                             s
    for Human Resources He               was   asked about the thousands of workers from El Salvador
    who have found their way onto Miller              s
                                                      Long payroll


    We     are   indebted to the work ethic       they bring us Gladstone said Without them
                                                             Mr
    Miller       Long would      not be as   successful and I would not be as successful Mr
    Gladstone has assured           us   that he does not know how any of the 2 El Salvadorians
                                                                              700                  on

    his   payroll actually got     there



    Now let be unmistakably clear legal immigrants and undocumented workers are not at
          s
    issue in this debate The illegal employees of Miller  Long and the multitude of other
    open shop contractors around the nation are victims    pure and simple Our hearts go
    out to them They have been and continue to be exploited by unscrupulous contractors
    in the open shop The bottom line is this for anyone who has been actively involved in
    the construction industry for any length of time you would be hard to find a
                                                                  pressed
    more morally corrupt and unscrupulous contracting company as Miller      Long Concrete
    Construction and its various identities




                                                                                                        11
i0d nrg 5 Construction Trades Department


                                                                Mil




                                                                         i




There   are a   lot of costs that   are     by society as a result of the spread of the open
                                          incurred
shop business model                today Consider this the construction industry today
                           in America
which is dominated by the open business model
                             shop                           saddles the U health care
                                                                          S
system   with the highest injury and illness rates among ALL private industries It has the
highest rate of non injuries and illnesses and it has three times the fatality rate of
                 fatal
other private industries Accordingly construction accounts for the highest rate of
injuries and illnesses entering the nation hospitals particularly hospital emergency
                                    s
services



Now couple those disturbing facts with the fact that the construction and agricultural
industries have the lowest rates of health care coverage And within construction
coverage is lowest among companies having fewer than 10 employees which is over 80
of the industry In sum the U construction industry faces the dual dilemma of high
                           S
risk work and chronic un primarily because relatively few construction
                      insurance
companies offer employee coverage And significant numbers of employees cannot
afford the coverage when it is offered leaving them to obtain health    care   services at the
PUBLIC EXPENSE
S



So when    a                  hospital bill that charges 7 for one tablet of Tylenol he
                patient receives    a                    00
or she needs to look no further than the open shop construction industry to understand

why In fact such cost has taken and continues to take a tremendous toll on
                   shifting
families and communities all across the nation For example in Dallas TX the societal
cost of uncompensated health care     in the form of higher taxes and insurance premiums
  is estimated at 1 per family
                  800




                                                                                                 12
6            uIlding 6 Construc on Trades Department
                                                                      A




                     Y




                                                        ad
                                                        L

                                             tide     Lty
                                             Am rical
                                              r


                OOK NO F                      E              THE
                                              H     P
                           OPEN
                           y
                                  A
                                  I




In   a   shining example of the insidious   nature of the low road   approach   to
     construction that has taken hold in the United States consider this
     recent case A company owned by the Chairman of the Mid
                                             Elect
     Tennessee   Chapter of the Associated Builders and Contractors ABC
     was fired from a project in Elmira New York after the arrest of seven

     undocumented workers       one of whom was also facing a federal

     weapons charge Even more disturbing is the fact that the
     undocumented workers were supplied by a labor broker known as
     Trades Unlimited of Nashville whose CEO is also the Vice Chairman of
     the Mid ABC
         Tennessee



Local labor leaders had   repeatedly warned the civic leaders of Chemung
     County NY that out contractors coming in and refusing to hire
                      state
                      of
     local labor were undermining the area workers its tax base and its
                                      s
     economic prosperity In mid 2009 those warnings to the
                              October
     county Industrial Development Agency were driven home with the
     s
     arrest of seven undocumented workers from Mexico working for
     Walker Electric on an 88 million warehouse project for CVS



The next  day after a meeting with Chemung County executive the
                                               s
     general contractor agreed to hire seven local electricians to replace   the
     workers arrested



                                                                                     13
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    F
            uIlding 6 Construction Trades Depa    ent




                                 rn   d    hurt


        Y
            4b
                            N

OOK          NO F            E     THAITHE
                 OPEN             P       a




                                                        14
IdIng S Cons Trades D
                               ructon                                   Ment


                                                ed     Abb
                                                                    he
                                                                    f
             tea   y                                                4   e


          OOK          F
                       NO                   E                           THE
                           Olrf N yN              P


s
America    patchy health   care   system is leaving   millions of   people without
  continuous affordable and effective health insurance and we all
                                                           re
   paying the price


The Center for AmericanProgress Action Fund has updated a 2005
  analysis by Kenneth Thorpe for Families USA and found that on
  average 8 percent of American families 2009 health care premiums
  which equals approximately 1 a year due to the cost
                             100 is                      shifting
  that   occurs   when those without health insurance seek medical          care

  throughemergency rooms and those costs              get passed along      to those
  who do have insurance




                                                                                       15
ulding 6 Construction Trades Department



                                                             d   G




                        4S Iy                                                   g
                 Non                         o                                   tors
                                                                                  i




Now let address the bogus myths relating
    s                                                   to PLAs that   are   continuously perpetrated by
the   shop
      open         sector



               myth that PLAs formally discriminate against non contractors or
The first is the                                            union
that PLAs   preclude non contractors from bidding on a PLA project
                      union



PLAs do not      require the use of only Union Contractors or otherwise discriminate against
union
non         or    open shop contractors as claimed by opponents In fact it is prohibited by
law



Public sector PLAs     never     restrict    bidding solely to union contractors      If   a   union
                                                                                               non
contractor does not bid         on a   PLA   project he does so by choice
                                                     she



But many non contractors do bid
         union                                     on   PLA work     AND THEY ARE SUCCESSFUL
Forexample 75 of all contracts awarded on the 750 million Los Angeles Metropolitan
Water District Reservoir Project in California went to non contractors
      s                                                union



And 102 of 257 successful subcontractors             on   the Boston Harbor     Project    were   union
                                                                                                  non
The Boston Harbor Project numbers are even more significant because                    as      much   as   three
quarters of the Boston market consists of unionized contractors




                                                                                                                   16
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                    Pwlding 5 Construction Trades Department
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                                                            A a
                  Non lJ
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Open contractors that are so vociferously opposed to PLAs like to claim that these
shop
 agreements discriminate against workers that do not belong to a union They
 frequently cite several concerns The first is that because of union hiring hall
 provisions non workers will not gain an opportunity to work on a PLA job It
             union
 simply is not true that PLAs require the use of union labor In fact it against
                                                 only                     s
   the law



PLAs do however    typically require employers to consider job applicants referred by the
   appropriate union but the law prohibits hiring halls from discriminating against non
   members when referring workers for employment Thus unions must refer non
   members for jobs on the same basis as they refer dues paying members In addition
   PLAs commonly permit employers to hire an agreed number of core
                                                  upon
   employees without going through the referral procedure Again these are matters to
   be addressed during the negotiations Moreover non who are hired on the
                                                      members
   job are not required to join the representative union under the PLA


Secondly critics of PLAs like to claim that non contractors will not bid on PLA
                                            union

   projects because they  will be forced to pay twice on health care and retirement
   benefits   once to their own plans and once again to the union plans on the PLA

   project Putting aside the fact that health and pension benefits are abhorrently scarce
   in the open construction industry this claim is not factually correct PLAs can
          shop
   be and frequently are negotiated so that if non employers provide their own
                                                 union
   health insurance  and other benefits to their employees they can be credited for those
   benefits and not required to pay duplicate benefits into union health and welfare
   funds




                                                                                            17
a                  din 6 Construction Trades Department




                             S                                     POOh                    e
                                                                                                N


                                                    r
                                                    cte
         n
     t




Critics of PLAs frequently claim that PLAs limit the pool of
   bidders particularly non contractors and as a result
                         union
   construction costs for a given project are higher This is a fallacy that
   has been refuted through the work of many academic researchers see
   www According to these critics the smaller number of
   org
   PLAsWork
   bidders results in higher prices and the more contractors you can
   bring to a bid opening the better your chances of saving money


First off the fact that            agreements are the preferred choice of
                                 project   labor
   numerous private cost and for corporations would
                      conscious            profit
   seem to refute that argument outright Secondly with respect to PLAs

   on public projects this general argument is of very limited application

   and does not well fit the circumstances of project labor agreements in
   most communities



PLAs     as    has been   observed         are   typically applied        to   scale
                                                                               large                and
   complex projects of considerable duration and major bid offerings
   attract contractors from a wide area if not nation The pool of
                                               wide
   contractors is       typically larger than         for   a   routine   project    in    a    given     area

   And there is considerable evidence that nonunion contractors do in
   fact bid and win work              on   project   labor      agreements


While there is merit in the view that               more    than   a   few     qualified       contractors
   are       essential for   a   competitive market         it does not follow that the                   more
                                                                                                                 18
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10utding 6 Construction Trades DeP
                                                     artrnent  r




                                                     4
                4
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                                  j ly                 Nei




A similarpublic relations attack on project labor agreements that is frequently used by
   the open shop leads people to believe that the use of a higher and better paid
                                                           skill
   workforce will result in increased costs Such an argument ignores the fact that labor
   costs are calculated by WAGES X HOURS WORKED When you have a
                            BENEFITS
   vastly more productive workforce even one making more money per hour your costs

   can   still be kept in check    through higher   rates of   productivity


The critics of PLAs   are           raising the specter of the final costs of various PLA
                            also fond of
    projects actually coming in higher than what was estimated to be the original bid
    price for that project Conveniently these attacks fail to acknowledge a common
    occurrence in the construction industry    change orders by owners and their
    architects Change orders occurring after estimates and bids are a major source of
    variation and cost overruns The Construction Industry Institute of Austin Texas
    in its research study Change Orders and Their Cumulative Impact found a strong
    correlation between the number of change items on a project and some loss of labor
    productivity Therefore the methodology of this criticism of project agreements is
    fundamentally   flawed



Without detailed information      change orders and other external factors a comparison
                                   on

    of bid prices and final costs permits few conclusions on any project or between
    projects be its labor policy a project labor agreement a conventional or local
                                                                                   area

    agreement    a mixed policy or totally nonunion




                                                                                            19
y         1dyng Constn Trades Department
                                 on

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                                                   ter




                                                                          r




Another common feature of PLAs is a standardized system for utilizing apprentices
   across the trades Most agreements permit contractors to employ a certain ratio of

   apprentices to trained journeypersons on the project This yields a double benefit
   reducing labor costs for the contractors apprentices are paid at a lower wage rate
      and creating training opportunities for local residents which has the effect of
      addressing local skilled workforce development issues


Like the   pioneering Project Labor Agreement at the Port of Oakland public entities are
      using PLAs to provide training opportunities for historically disadvantaged workers
      and businesses Pre programs have been created all across the nation
                       apprenticeship
      to help young people develop the skills they need to enter a skilled craft

      apprenticeship program And PLAs are frequently being crafted to reserve certain
      numbers of apprenticeship positions for minority or disadvantaged youth and to
      assure a certain portion of the work for small or minority businesses
                                                        owned


As   a              requirements of the PLA applied to construction of the Washington
         result of the
      Nationals Stadium in Washington D for example unprecedented numbers of D
                                          C                                           C
      residents were employed on the project   as apprentices and journeypersons

      Similarly as detailed in a recent study by UCLA three public agencies in Los Angeles
      County used PLAs to significantly increase the number of local and disadvantaged
      workers successfully prepared for and brought into local union apprenticeship
      programs and hired on the projects


In   Chicago the City School          recently extended its PLA agreement for another 10
                               District

      years The  parties have set   goal of recruiting 25 of apprentices on covered
                                    a

      construction  from the public school system a goal they are working to accomplish by
      developing an education program to provide students with an
                      career
                      to
      introduction to and experience in the trades
                                                                                             21
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    This is   a good resource to find out how America Building Trades
                  very                        s
    Unions are re themselves to customer service through its new
               dedicating
    brand proposition Value on Display Every Day




                                                                                                                   22
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              I
              km

    This isgreat source to find out all you
              a                                                                                                  need to know about                         Project Labor
    Agreements It showcases testimonials                                                                         from           project   owners            who have
    utilized PLAs it contains
             and                                                               reams                 of academic studies that
    demonstrate the value of PLAs as well as refuting the bogus claims made
    by those critics who would rather deflect attention away from the business
    model that they champion and which has inflicted so much socio
    economic      damage                  on        America                    today




                                                                                                                                                                            23
com
                                          AUnion0k
                                A UNION LIFE
                    3           The Truth about   a   life in the Building 2nd Construction Trades

                        O   p




            V   I




                                                                                                     tt




t
Don take   our                                      personal stories of
                    word for it Listen to the voices and
skilled craft people whose lives have been transformed when they made
the switch from the open to the union sector
                     shop




                                                                                                          24
ding
                                   10M              Construction Trades Department


r



Y




                         44




                                          wry           dyy




    Project Labor Agreements can and should be viewed as a value proposition offered by
        Building Trades Unions to construction owners both public and private in which
        in return for agreeing to build a project under collectively bargained conditions the
          owner   receives         a   set of assurances and concessions about how the work   on   the

          project will be done As such PLAs act to improve project performance PLAs also
          have deeper effects on construction projects PLAs have proven very effective at
          improving jobsite efficiencies and safety outcomes through better coordination
          oftentimes through formal labor committees between various
                                       management
          subcontractors and crafts



    PLAs    are   also   an               public policy when it comes to local workforce
                               effective tool for
                                                                                                         to
          development It has become standard practice now for PLAs to provide a structure
          bring groups with little experience into skilled craft career training programs


    The best way to view a PLA is as a means to bring the stakeholders in a given
       construction project together to discuss what they want to accomplish with the
       project The desired end may be a high quality project that is completed on and
                                                                                time

          budget
          on                    supporting the development of good jobs The stakeholders
                         while also
          may have additional goals such as minimizing the number of safety incidents
                                                                                      on a

          particularly complex and dangerous project Or the stakeholders may want to

r
          leverage their construction investment for workforce development objectives


    The   negotiation  a PLA is a means for stakeholders in a project to work out and in the
                              of
          form of PLA
                    a  commit to the project being used to achieve their agreed upon ends
          As such a PLA is a means to achieve common ends




                                                                                                              25
olding
Bm 5 Construction Trades Department


Thank You




                                      26

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Project Labor Agreements (A Win Win Proposition)

  • 1. Building 5 Cooqmctiog Trades Dcpd mcot i
  • 2.
  • 3. w l 14 s a Pro ect T r mow i7 First let talk about what s a PLA actually is On any given construction project everyone involved in that job has a contract thatspecifies what is expected of them and what their compensation shall be The architect has contract the civil and design or engineer has a contract the project manager has a contract and each general contractor and subcontractor has a contract So why is it that everybody on a construction project has a contract except the workers who are actually going to build the project A Project Labor Agreement is simply a contract for the workers just like the contracts issued for everyone else involved in the project 3
  • 4. 1 yi A Proje r gi A nt PLA s J com hire en0vwPire collective baley that ement the ets tee n ions f ale a11 rite i ti H tttTt Employment industry is highly fragmented Any in the construction sizable construction project involves a constantly changing stream of contractors and subcontractors responsible for discrete aspects of the job Each of those contractors and subcontractors supplies its own complement of employees who are for the most part hired for the particular project In the unionized sector each trade has its own local collective bargaining agreement with different expiration dates work rules schedules and holidays In the non sector each contractor similarly comes to union the project with its own labor relations structure and hiring needs This fragmentation presents particular challenges on large long duration projects Project Labor Agreements are in essence a commercial proposition between construction owners organized labor They have been used and extensively in both the public and private sector for over 70 years and were determined to be legal on public construction work by the U S Supreme Court in the Boston Harbor decision in 1992 The Agreements provide a mechanism for quickly and consistently staffing the job with the most highly qualified employees from all trained of the trades in order to ensure on and on construction They time budget create the labor framework for the entire project and make it relations 4 possible to establish and maintain a coherent set of wage relationship
  • 5. r C gl D I uidng bonstnucon Trades Department l 4 r NE1 A PLA is a departure from the usual type of collective bargaining agreement through which a single employer or multi industry group negotiates an agreement with a employer union representing a single construction trade With a PLA the entity with control over the entire operation and the most vested interest in its success directs the negotiation of an umbrella agreement that applies across a project to all contractors and type subcontractors that will be working on the project throughout its entire duration It is therefore typically used as a workforce management and jobsite efficiency tool on large complex long projects that will involve multiple contractors and employees from a term variety of trades Owners in the private and public sectors cite the same reasons for using PLAs on particular projects Among the principle determinants are the scope of the project and the importance of keeping it on schedule The larger the project and the longer its duration the more fragmented the job is likely to be and the greater the number of contractors and subcontractors whose work has to be coordinated Project agreements directly address these issues by providing the construction manager or general contractor with a mechanism for coordinating scheduling and work rules and establishing clear lines of communication and accountability on the job The agreements also foster positive labor communication and cooperation which can management resolve any issues before they develop into problems that can affect scheduling or productivity PLAs also construction owners uninterrupted work and on delivery by assure time ensuring a stream of experienced skilled trades people who have been trained steady within the world most admired skilled craft apprenticeship infrastructure The s agreements typically incorporate the positive well centralized hiring hall proven referral systems found in the local collective bargaining agreements 5
  • 6. ld For federal state and local agencies looking to invest taxpayer dollars in today construction market they just like corporations in the private s sector essentially have two distinct business models from which to choose The first is a epitomized by the use of PLAs It is business model that is a business model that offers increase jobsite efficiencies through a 21st century labor approach based upon cooperation harmony management and partnership And it is an approach that ensures that the construction owner will have a steady LOCAL supply of the world safest most highly skilled and s productive skilled craft workforce a workforce that in turn receives a pay and benefits package reflective of their skill and productivity levels which numerous studies have shown actually reduces costs for public agencies Further the PLA model promotes the development of additional opportunities for local residents particularly women minorities and those from traditionally disadvantaged communities to gain access to career training opportunities in the skilled trades a critical issue given the significant future needs for skilled craft workers in the United States 6
  • 7. n totdi g b Construction Trades Department 6J r E off tro Ky LL r Overall PLAs are utilized to enhance contractor value and to address recurrent issues in the construction industry Specifically PLAs are designed to Assure that high projects quality are completed in a timely fashion Establish resolution dispute processes to avoid compromising project completion timeframes Support training and career development opportunities for disadvantaged groups while maintaining the integrity and quality of the world most s prominent skilled apprenticeship programs Improve jobsite efficiencies Where appropriate assist open contractors to compete for work shop under PLAs while maintaining contractual pay and working conditions and protecting union benefit funds Support innovation in contract approaches in the public sector as well as specific work methods on construction projects Address changes in craft work rules that heretofore may have hampered productivity and efficiency 7
  • 8. tffiding 6 Construction Trades Department 11 J t r Y PLAs were first used in the 1930sfunded control government flood on projects and hydroelectric dams In the 1940s these agreements became a regular feature on construction projects at defense and atomic energy facilities By the 1960s the agreements were being used on important private and public works projects such as Walt Disney World Cape Canaveral and the Trans Pipeline Today PLAs are commonly Alaska used on public and private sector projects ranging in size from shopping centers and schools to major industrial facilities airports and waste water remediation projects The Los Angeles Unified School District has been conducting a 19 3 billion school construction and renovation project slated to run through 2012 under a PLA first negotiated in 1998 And in 2008 the Los Angeles Board of Airport Commissioners agreed to manage 1 billion of 8 new projects at the Los Angeles International Airport under a PLA The first nuclear power facilities to be constructed in over 30 years at Plant Vogtle in Burke GA and Calvert Cliffs in Lusby MD will be constructed under a PLA Toyota Corporation has constructed all Motor eight of its manufacturing facilities in North America under Community Workforce Agreements As a result the company has reported that their construction costs are one less than their competitors who do not third use of PLAs Indeed since 2009 America Building Trades Unions have s signed PLAs covering over 100 projects in the private and public sector with a total market value that exceeds 50 billion 8
  • 9. p dvLL d f Otdlding 6 Construction Trades Department I t V 1 Y Yet xD I y I I as thy The PLA business model lies in stark contrast to what is known as the open shop or merit shop business model whose advocates staunchly believe that work in the construction industry ought to be awarded based primarily upon a contractor ability to assemble the s lowest lowest workforce possible Often times these skilled cost workers are vulnerable and easily exploited The open shop orshop advocates believe that PLAs work to the merit detriment of fair and open competition which might be true if your view of fair and open competition involves a race mentality that bottom the to eschews health care coverage and pension coverage for its employees and classifies them as independent contractors in order to cheat federal state and local governments out of taxes and other revenues In other words for the open business model workers shop are treated as expendable commodities that are easily exploited and easily replaced 9
  • 10. Oultding 6 Construction Trades Department F r W 1 t uwtk I Iw I 7 IIA Through their opposition to PLAs open advocates are actually trying to divert shop attention away from the open shop business model which can be characterized as a race approach to business What is surprising is that many the industry bottom the to the media and lawmakers turn a blind eye to the despicable actions that comprise the open shop business model Wouldn many employers like to have a cheap subservient t work force that for all intents and purposes has no legal rights Unfortunately the answer to this question is yes And that because the open business model is s shop forcing many once companies into utilizing race reputable bottom the to tactics as a means to survive Look at the facts Real wages for construction workers were lower in 2006 than they were in 1973 Adjusted for inflation construction workers in 1973 earned the equivalent of 22 an hour in today dollars By 2006 that number had slid to 18 17 below 13 s 29 their 1973 earnings adjusted for inflation Additionally according to the federal government economic census contractors profits grew between 1977 and 2002 s However workers did not get their fair share of the gain instead the proportion of construction receipts paid to payroll and benefits actually declined by almost 14 during that same period The open race to the bottom approach undermines all aspects of a fair shop marketplace and in so doing thumbs its nose at the United States of America while simultaneously exploiting the hopes and dreams of poor and desperate workers many of them undocumented workers who simply desire to care for their families 10
  • 11. Hdin Construction Trades Department r jo hn lj I it Miller of if not the largest concrete firms in the nation According to the Long is one summer 2006 issue of Mid AtlanticConstruction Miller Long had revenues of 372 million Unfortunately estimates are that some 90 percent of Miller Long Concrete Construction 3 employees may be undocumented workers judging from a New s 000 York Times report as well as police accounts of major arrests of Miller Long workers The story of how Miller Long achieves success by exploiting a low low wage skill workforce is emblematic of the open shop business model Consider this excerpt from a New York Times article It a quote from Myles Gladstone s who is Miller Long VP s for Human Resources He was asked about the thousands of workers from El Salvador who have found their way onto Miller s Long payroll We are indebted to the work ethic they bring us Gladstone said Without them Mr Miller Long would not be as successful and I would not be as successful Mr Gladstone has assured us that he does not know how any of the 2 El Salvadorians 700 on his payroll actually got there Now let be unmistakably clear legal immigrants and undocumented workers are not at s issue in this debate The illegal employees of Miller Long and the multitude of other open shop contractors around the nation are victims pure and simple Our hearts go out to them They have been and continue to be exploited by unscrupulous contractors in the open shop The bottom line is this for anyone who has been actively involved in the construction industry for any length of time you would be hard to find a pressed more morally corrupt and unscrupulous contracting company as Miller Long Concrete Construction and its various identities 11
  • 12. i0d nrg 5 Construction Trades Department Mil i There are a lot of costs that are by society as a result of the spread of the open incurred shop business model today Consider this the construction industry today in America which is dominated by the open business model shop saddles the U health care S system with the highest injury and illness rates among ALL private industries It has the highest rate of non injuries and illnesses and it has three times the fatality rate of fatal other private industries Accordingly construction accounts for the highest rate of injuries and illnesses entering the nation hospitals particularly hospital emergency s services Now couple those disturbing facts with the fact that the construction and agricultural industries have the lowest rates of health care coverage And within construction coverage is lowest among companies having fewer than 10 employees which is over 80 of the industry In sum the U construction industry faces the dual dilemma of high S risk work and chronic un primarily because relatively few construction insurance companies offer employee coverage And significant numbers of employees cannot afford the coverage when it is offered leaving them to obtain health care services at the PUBLIC EXPENSE S So when a hospital bill that charges 7 for one tablet of Tylenol he patient receives a 00 or she needs to look no further than the open shop construction industry to understand why In fact such cost has taken and continues to take a tremendous toll on shifting families and communities all across the nation For example in Dallas TX the societal cost of uncompensated health care in the form of higher taxes and insurance premiums is estimated at 1 per family 800 12
  • 13. 6 uIlding 6 Construc on Trades Department A Y ad L tide Lty Am rical r OOK NO F E THE H P OPEN y A I In a shining example of the insidious nature of the low road approach to construction that has taken hold in the United States consider this recent case A company owned by the Chairman of the Mid Elect Tennessee Chapter of the Associated Builders and Contractors ABC was fired from a project in Elmira New York after the arrest of seven undocumented workers one of whom was also facing a federal weapons charge Even more disturbing is the fact that the undocumented workers were supplied by a labor broker known as Trades Unlimited of Nashville whose CEO is also the Vice Chairman of the Mid ABC Tennessee Local labor leaders had repeatedly warned the civic leaders of Chemung County NY that out contractors coming in and refusing to hire state of local labor were undermining the area workers its tax base and its s economic prosperity In mid 2009 those warnings to the October county Industrial Development Agency were driven home with the s arrest of seven undocumented workers from Mexico working for Walker Electric on an 88 million warehouse project for CVS The next day after a meeting with Chemung County executive the s general contractor agreed to hire seven local electricians to replace the workers arrested 13
  • 14. 4 F uIlding 6 Construction Trades Depa ent rn d hurt Y 4b N OOK NO F E THAITHE OPEN P a 14
  • 15. IdIng S Cons Trades D ructon Ment ed Abb he f tea y 4 e OOK F NO E THE Olrf N yN P s America patchy health care system is leaving millions of people without continuous affordable and effective health insurance and we all re paying the price The Center for AmericanProgress Action Fund has updated a 2005 analysis by Kenneth Thorpe for Families USA and found that on average 8 percent of American families 2009 health care premiums which equals approximately 1 a year due to the cost 100 is shifting that occurs when those without health insurance seek medical care throughemergency rooms and those costs get passed along to those who do have insurance 15
  • 16. ulding 6 Construction Trades Department d G 4S Iy g Non o tors i Now let address the bogus myths relating s to PLAs that are continuously perpetrated by the shop open sector myth that PLAs formally discriminate against non contractors or The first is the union that PLAs preclude non contractors from bidding on a PLA project union PLAs do not require the use of only Union Contractors or otherwise discriminate against union non or open shop contractors as claimed by opponents In fact it is prohibited by law Public sector PLAs never restrict bidding solely to union contractors If a union non contractor does not bid on a PLA project he does so by choice she But many non contractors do bid union on PLA work AND THEY ARE SUCCESSFUL Forexample 75 of all contracts awarded on the 750 million Los Angeles Metropolitan Water District Reservoir Project in California went to non contractors s union And 102 of 257 successful subcontractors on the Boston Harbor Project were union non The Boston Harbor Project numbers are even more significant because as much as three quarters of the Boston market consists of unionized contractors 16
  • 17. tr Pwlding 5 Construction Trades Department j f b r f L k yj 1 A a Non lJ n or w wry Open contractors that are so vociferously opposed to PLAs like to claim that these shop agreements discriminate against workers that do not belong to a union They frequently cite several concerns The first is that because of union hiring hall provisions non workers will not gain an opportunity to work on a PLA job It union simply is not true that PLAs require the use of union labor In fact it against only s the law PLAs do however typically require employers to consider job applicants referred by the appropriate union but the law prohibits hiring halls from discriminating against non members when referring workers for employment Thus unions must refer non members for jobs on the same basis as they refer dues paying members In addition PLAs commonly permit employers to hire an agreed number of core upon employees without going through the referral procedure Again these are matters to be addressed during the negotiations Moreover non who are hired on the members job are not required to join the representative union under the PLA Secondly critics of PLAs like to claim that non contractors will not bid on PLA union projects because they will be forced to pay twice on health care and retirement benefits once to their own plans and once again to the union plans on the PLA project Putting aside the fact that health and pension benefits are abhorrently scarce in the open construction industry this claim is not factually correct PLAs can shop be and frequently are negotiated so that if non employers provide their own union health insurance and other benefits to their employees they can be credited for those benefits and not required to pay duplicate benefits into union health and welfare funds 17
  • 18. a din 6 Construction Trades Department S POOh e N r cte n t Critics of PLAs frequently claim that PLAs limit the pool of bidders particularly non contractors and as a result union construction costs for a given project are higher This is a fallacy that has been refuted through the work of many academic researchers see www According to these critics the smaller number of org PLAsWork bidders results in higher prices and the more contractors you can bring to a bid opening the better your chances of saving money First off the fact that agreements are the preferred choice of project labor numerous private cost and for corporations would conscious profit seem to refute that argument outright Secondly with respect to PLAs on public projects this general argument is of very limited application and does not well fit the circumstances of project labor agreements in most communities PLAs as has been observed are typically applied to scale large and complex projects of considerable duration and major bid offerings attract contractors from a wide area if not nation The pool of wide contractors is typically larger than for a routine project in a given area And there is considerable evidence that nonunion contractors do in fact bid and win work on project labor agreements While there is merit in the view that more than a few qualified contractors are essential for a competitive market it does not follow that the more 18 hirlrlorc thorn oro hounnrl n cnorifir niimhor tho Inuvor tho hirl nriroc
  • 19. 10utding 6 Construction Trades DeP artrnent r 4 4 C684 f k w j ly Nei A similarpublic relations attack on project labor agreements that is frequently used by the open shop leads people to believe that the use of a higher and better paid skill workforce will result in increased costs Such an argument ignores the fact that labor costs are calculated by WAGES X HOURS WORKED When you have a BENEFITS vastly more productive workforce even one making more money per hour your costs can still be kept in check through higher rates of productivity The critics of PLAs are raising the specter of the final costs of various PLA also fond of projects actually coming in higher than what was estimated to be the original bid price for that project Conveniently these attacks fail to acknowledge a common occurrence in the construction industry change orders by owners and their architects Change orders occurring after estimates and bids are a major source of variation and cost overruns The Construction Industry Institute of Austin Texas in its research study Change Orders and Their Cumulative Impact found a strong correlation between the number of change items on a project and some loss of labor productivity Therefore the methodology of this criticism of project agreements is fundamentally flawed Without detailed information change orders and other external factors a comparison on of bid prices and final costs permits few conclusions on any project or between projects be its labor policy a project labor agreement a conventional or local area agreement a mixed policy or totally nonunion 19
  • 20. y 1dyng Constn Trades Department on X J 4 ei 78 n s yy ter r Another common feature of PLAs is a standardized system for utilizing apprentices across the trades Most agreements permit contractors to employ a certain ratio of apprentices to trained journeypersons on the project This yields a double benefit reducing labor costs for the contractors apprentices are paid at a lower wage rate and creating training opportunities for local residents which has the effect of addressing local skilled workforce development issues Like the pioneering Project Labor Agreement at the Port of Oakland public entities are using PLAs to provide training opportunities for historically disadvantaged workers and businesses Pre programs have been created all across the nation apprenticeship to help young people develop the skills they need to enter a skilled craft apprenticeship program And PLAs are frequently being crafted to reserve certain numbers of apprenticeship positions for minority or disadvantaged youth and to assure a certain portion of the work for small or minority businesses owned As a requirements of the PLA applied to construction of the Washington result of the Nationals Stadium in Washington D for example unprecedented numbers of D C C residents were employed on the project as apprentices and journeypersons Similarly as detailed in a recent study by UCLA three public agencies in Los Angeles County used PLAs to significantly increase the number of local and disadvantaged workers successfully prepared for and brought into local union apprenticeship programs and hired on the projects In Chicago the City School recently extended its PLA agreement for another 10 District years The parties have set goal of recruiting 25 of apprentices on covered a construction from the public school system a goal they are working to accomplish by developing an education program to provide students with an career to introduction to and experience in the trades 21
  • 21. wwr Co lueOnDIWaY y E L VauE QN Dispuy UICIFFNCilirS WIA VII Id MU M IEESi S I IHC InK DF Ri MC PAnkpaw W G AM1 i IM1 n t This is a good resource to find out how America Building Trades very s Unions are re themselves to customer service through its new dedicating brand proposition Value on Display Every Day 22
  • 22. Org PLAIOr ia www wo k c y PLAS WORK 1 Ne ewmi Dz Pathway to a Ykhl gny ee pwl arew 4 aoa s tekarrt u7 rh SttOPDM tht LOCaI bY a wa rYa Yrr eaY CcenomYWM h x aArt am t d p a wt Pna r yDD D P e gr D tM oueym cxsP ee Bulta Pxt bato f a bary CommunLLy Loran J ftt rie P Mwl f at vnrmd or ynhee c OUre M1c b 43 NuaAa WI WNn xtnb4ry ap w L ei tl qua 4 What are Community Workforce Agreements Com Agees tlx krw pe Ffe s gofJnP nen a rnymemsN aO eCi Fro a ted rtsNt Y ryfblimYCntpiea eR 4 DIP sia P Sd M drtp k co J nU iyPa RN EdIdNYm M1 t mCkgntent he DU CDSa Ma f4 rv 4aN g1x Pte vmmm tamPlx ola PrCfid n xaPrrp ta tu N 4rouxU wa xri u i s W M yrxP nrenae r na Bdne li r P t re aM t IY S neM1 he sr rnln wmS x a Crzatl Mantla ND fiuM nU Dt ay p tfippPgx dei B nTnIwDM1 o x t Unt D htlr vU n Ptntlti te 1 11 iclUJOn BP Pnb is qt Nt yD On trv d y tf Wn b6 E hnppCt aJIY ry U q inii4 q N Y Pro rams I km This isgreat source to find out all you a need to know about Project Labor Agreements It showcases testimonials from project owners who have utilized PLAs it contains and reams of academic studies that demonstrate the value of PLAs as well as refuting the bogus claims made by those critics who would rather deflect attention away from the business model that they champion and which has inflicted so much socio economic damage on America today 23
  • 23. com AUnion0k A UNION LIFE 3 The Truth about a life in the Building 2nd Construction Trades O p V I tt t Don take our personal stories of word for it Listen to the voices and skilled craft people whose lives have been transformed when they made the switch from the open to the union sector shop 24
  • 24. ding 10M Construction Trades Department r Y 44 wry dyy Project Labor Agreements can and should be viewed as a value proposition offered by Building Trades Unions to construction owners both public and private in which in return for agreeing to build a project under collectively bargained conditions the owner receives a set of assurances and concessions about how the work on the project will be done As such PLAs act to improve project performance PLAs also have deeper effects on construction projects PLAs have proven very effective at improving jobsite efficiencies and safety outcomes through better coordination oftentimes through formal labor committees between various management subcontractors and crafts PLAs are also an public policy when it comes to local workforce effective tool for to development It has become standard practice now for PLAs to provide a structure bring groups with little experience into skilled craft career training programs The best way to view a PLA is as a means to bring the stakeholders in a given construction project together to discuss what they want to accomplish with the project The desired end may be a high quality project that is completed on and time budget on supporting the development of good jobs The stakeholders while also may have additional goals such as minimizing the number of safety incidents on a particularly complex and dangerous project Or the stakeholders may want to r leverage their construction investment for workforce development objectives The negotiation a PLA is a means for stakeholders in a project to work out and in the of form of PLA a commit to the project being used to achieve their agreed upon ends As such a PLA is a means to achieve common ends 25
  • 25. olding Bm 5 Construction Trades Department Thank You 26