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Executive Order 13502 - the role of unions in the federal contracting process
The Rules have changed effective May 13, 2010.
May 5, 2010
Mark E. Baker- Northern Virginia
Jonathan E. "Jon" O'Connell- Northern Virginia
A new rule recently published in the Federal Register encourages federal agencies to consider the use of project labor agreements in connection with large-scale construction projects. The new rule, which becomes effective on May 13, 2010, implements Executive Order 13502, signed by President Obama on February 6, 2009. This rule will establish additional requirements for federal contractors and increase the role of unions in the federal contracting process.
A project labor agreement is a pre-hire collective bargaining agreement (an agreement reached before the employees who will work on the project are hired) with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project. Under the new rule, a “large-scale construction project” is defined as “a construction project where the total cost to the Federal Government is $25 million or more.”
The rule sets forth several factors that federal agencies may consider in deciding whether the use of a project labor agreement is appropriate for a particular construction project, including whether:
* the project will require multiple construction contractors and/or subcontractors employing workers in multiple crafts or trades
* there is a shortage of skilled labor in the region in which the construction project will be sited
* completion of the project will require an extended period of time
* project labor agreements have been used on comparable projects undertaken by federal, state, municipal, or private entities in the geographic area of the project
* a project labor agreement will promote the agency’s long-term program interests, such as facilitating the training of a skilled workforce to meet the agency’s future construction needs
* any other factors that the agency decides are appropriate
The rule provides that an agency may set forth the terms and conditions of the project labor agreement in the project bid solicitation and requires the successful contractor to enter into a project labor agreement that contains such terms and conditions. Subcontractors performing work for a prime contractor subject to a project labor agreement will also be required to agree to the terms of the agreement.
The rule also provides that any project labor agreements entered into shall:
* bind all contractors and subcontractors engaged in construction of the project to comply with the project labor agreement
* allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements
* contain guarantees against strikes, lockouts and similar job disruptions
* set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement
* provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety and health
* include any additional requirements as the agency deems necessary to satisfy its needs
Both prime and subcontractors should be aware of the impact of this recent policy development, as the new rule will almost certainly increase the role of unions in federally funded construction projects.
Views: 11
Replies to This Discussion
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Permalink Reply by John Carl Roat on
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Oh good just what I need another, office poge telling me: When, How and If I can work.
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Permalink Reply by Dive Diva on
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What I see being a potential problem for the dive contractors is the unforeseen.
Say the job is to lay an electrical cable in a navigatable waterway and anchor it. Since its an electrical cable, the agency goes to the Brotherhood of Electrician's and puts together a pre-solicitation project agreement.
Now you have to have a Master Electrician overseeing the project, a Journeyman Electrician on sight at all times, anyone who touches that cable has to be at least an apprentice level electrician and of course all the above have to be card carrying members of the Electricians union and register with the local Brotherhood chapter.$$$$
Beyond that there are plenty of Electricians out there that are PADI certified SCUBA divers that install the lights on your local marina piers. They are going to be bidding on these jobs against the dive contractors. So you can bet that their unions and lobbyists are going to be pushing for the agreement to have language to the effect that the job will be done using SCUBA or worded some way to ensure that it can be done on SCUBA not SSA. Whether it's safe, feasible or a violation of CFR isn't going to matter when the agreement is being put together because the pencil pushers writing the agreement have no clue what the job really entails and have no knowledge about CFRs, etc. Their going to rely on the union to advise them on what to include in the project labor agreement.
The other areas of concern especially for divers are going to be:
"...there is a shortage of skilled labor in the region in which the construction project will be sited."
Who determines if there's a shortage? Can it be based solely on union membership in the area? Will this wording allow contractors from other states to bring in their own workers rather than hire the locals? The prevaling wage varies from region to region.
"...a project labor agreement will promote the agency’s long-term program interests, such as facilitating the training of a skilled workforce to meet the agency’s future construction needs."
Could this wording allow the unions to align themselves with PADI to train union members as certified "commercial" divers to bid on contracts that involve diving? PADI made an attempt at this before, it failed but with the backing of the unions and their lobbyists, I can see PADI taking another run at it.
Also, I can see companies collecting diver resumes, especially those with supervisory or secondary skills such as welding, burning, etc. and using those as proof that they have the people with the skills necessary to allow them tobid on the job, when in fact they haven't hired any divers as yet. (Since most of America's workforce is not as transiant as divers, those resumes will probably be taken at face value by anyone checking bids). Then they hire cheaper, unskilled divers to actually do the job. This results in an increase in the number of diver related accidents, injuries, deaths, etc. and everyone's - ADCI members, divers, independents - insurance rates skyrocket.
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Permalink Reply by Joseph on
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If You do not know, all the diving jurisdiction by Labor Department's / NLRB in the USA and Canada for diving{all diving work and ROV Operation] belong to the UBC, United Brotherhood of Carpenters's.{UBC have over 500,000 members. MEMBERS=VOTES!] This has been for a very long time, over 40 plus years or more if I recall. Example The Boston Local Union have their own Diver Training Facility, with wet tank. All Locals have State and Federal Approved Training Programs.{HAZWOPER, Welding, Rigging, OSHA 10, OSHA 30, CPR, First Aid,etc.
This Executive Order 13502 is VERY GOOD for ALL The Building Trades!
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User "Dale Harris " wrote and posted;
"How is it that NY local 1456 is teamsters AFLCIO? And where's the deligate of UBC representing the divers. I say they are fired then. They haven't been showing up for work in 30+ years I've been doing this. Are you a member of this UBC?"
Am I a Member in the UBC?
Yes in 1456
AFL / CIO is NOT "teamster"
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