A Milestone Worth Not Celebrating

Executive Order 13502 had a birthday over the weekend.

It’s hard to believe a full year has passed since President Obama signed the Feb. 6, 2009 pro-project labor agreement (PLA) directive that has reduced taxpayer accountability on federal construction projects.

Remember this?  

 

Click here to learn about government-mandatd PLAs and the status of Executive Order 13502, which encourages special interest kickbacks that obstruct an open, fair and competitive bidding process for all contractors.

San Diego Unified PLA Debacle: First Project Bid With A PLA Fails On All Counts

Remember the San Diego Unified School District’s (SDUSD) corrupt move to require project labor agreements (PLAs) on all construction projects funded by the voter-approved $2.1 billion proposition S?  Big Labor said the PLAs would help control costs and guarantee a local workforce. 

As predicted, the PLA has already failed to deliver on Big Labor’s promises:

WINNING BID IS FROM LOS ANGELES COMPANY AND 35% OVER BUDGET!

Big Labor Promises of “On Budget” and of “Local Jobs” Ring Hollow as Bid is Awarded on First Prop. S Project with PLA
       
San Diego – The bid results are now in and they are devastating for Big Labor special interests and their SDUSD Board Member allies Richard Barerra, Shelia Jackson, and John Lee Evans. 

Yesterday at 2pm the bid results were opened for SDUSD’s Hoover High School New Woodshop Building. This is the first Proposition S project bid with a Project Labor Agreement (PLA) covering it. CFEC and others have warned for more than a year the results of a PLA would be disastrous in a city where 90% of the construction workforce is union-free but the three union controlled school board members would have none of it and shoved a PLA through with little study and no understanding of what it would mean to taxpayer dollars.  Now we know.

Total Bidders:

In this economy similar size projects, $2.8 million, have at least 15 bidders on them. For instance, the Auto Tech Careers Center Project at Miramar College for the San Diego Community College District had 17 bidders on it less than one month ago.  But San Diego Unified’s Hoover High School New Workshop Building had only FIVE BIDDERS!

Cost:

In this economy it is unheard of to see a job not come in UNDER budget.  That same project, the Auto Tech Careers Center for San Diego Community College District which was estimated at $2.8 million came in at $2,195,000. SDUSD’s Hoover High School New Workshop Building’s estimate was $2.5-$3.5 million; however, the low bid was $4 million. THAT IS 35% OVER THE ESTIMATE! This is exactly what we warned the district the cost increases would be.

Local Work:

Perhaps worst of all for PLA proponents was the complete and total undermining of their chief claim for why a PLA was so needed: “Local Jobs”.  The winning bidder for this job is USS Cal Builders, a Los Angeles based firm! 

“This is a complete and total repudiation of these three board members and their special interest allies in Big Labor” said CFEC’s Eric Christen. “In these tough times where taxpayers are demanding the best product at the best price SDUSD has instead given special interests a monopoly agreement that will result in children and taxpayers getting three schools built when they could have had four.  These three board members at their next board meeting need to take care of two orders of business before they do anything else: First they need to repeal the PLA and then they need to resign.”

San Diego taxpayers supported the $2.1 billion Proposition S school construction bond in November of 2008.  At their first school board meeting in January of 2009, three board members heavily supported by unions  (Jackson, Barerra, and Evans) had as their first order of business, a PLA for all Prop S work.  The PLA mandates that all workers have to pay union dues and into union benefit programs and it excludes non-union apprentices.  CFEC has also learned it is costing the district more than $600,000 per year just to administer.  The public outcry over this monopoly giveaway to Big Labor special interests was unanimous with the Associated Builders and Contractors, the Associated General Contractors, Western Electrical Contractors Association, the San Diego County Taxpayers Association, the Black Chamber of Commerce, the National Association of Minority Contractors, and countless other community groups opposing such discrimination and waste.  Two board members, Katherine Nakamura and John DeBeck also agreed it was unnecessary  Their prescient predictions were ignored.

Now, if only someone had told the SDUSD this would happen.  Oh wait, they did

This is just one more example of local officials putting their political friends’ interests ahead of the people they represent.

Save Prop S Logo - Special Interests Control San Diego Unified School District

Additional TheTruthAboutPLAs.com coverage of this debacle is available here.

U.S. Labor Secretary’s Support of Anti-Competitive Project Labor Agreements Questioned at Congressional Hearing

At a Feb. 2 House Education and Labor Committee hearing, U.S. Representative Glenn ‘GT’ Thompson (R-PA) questioned U.S. Secretary of Labor Hilda Solis on President Obama’s pro-project labor agreement (PLA) Executive Order 13502 for federal construction contracts and asked why the U.S. Department of Labor (DOL) mandated a PLA on a Job Corps Center in Manchester, N.H. 

After a protest was filed against the PLA with the Government Accountability Office (GAO) by ABC member North Branch Construction of Concord, N.H., with ABC support and representation, the U.S. DOL cancelled its solicitation to construct the project.

Here is more on the hearing from a press release on Rep. Thompson’s website (”U.S. Labor Secretary Dodges Thompson’s Questions on Project Labor Agreements,” 2/3/10).

Thompson described the New Hampshire ordeal in further detail, “Last September, DOL issued a solicitation for construction of a Job Corps Center in New Hampshire that the Department declared was `urgently needed.’ Without explanation, the Department attempted to impose a Project Labor Agreement. After a local small business filed a protest against the PLA, the Department cancelled the solicitation, and has not re-issued it.

Thompson asked Solis, “Why did the Department cancel the entire solicitation of an `urgently needed’ project in the face of the bid protest instead of simply removing the PLA?”

Solis answered that in many instances PLAs have actually helped to reduce costs and that it is appropriate that the Department look for ways to keep costs down. She did not answer the question about New Hampshire.

Committee Chairman Rep. George Miller (D-CA) asked that Solis answer Thompson’s question in writing at a later date. TheTruthAboutPLAs.com will be sure to cover Solis’ response. You can view the entire exchange at the 85 minute mark at the hearing’s archived webcast.

To date, the DOL has not taken any additional steps to construct this project, demonstrating that special interest politics trump sound public policy and badly-needed job creation. The DOL opted to cancel the project instead of proceeding without a PLA which will not create jobs for New Hampshire residents and will not help the 24.7 percent unemployment rate in the U.S. construction industry.

Rep. Thompson summarizes the situation best.

“This is not an ‘us vs. them’ scenario, this is about American jobs. Contract decisions for the federal government should not be based on politics,” said Thompson. “True competition will provide the lowest cost, union or not. In this economic crisis, we need to maximize the job creation in this country. And while I commend the Secretary for acknowledging the need to mitigate costs, the Secretary of Labor should be making sure jobs are maximized, rather than catering to unions.”

It is concerning that Solis couldn’t answer Thompson’s question and demonstrated a limited understanding of government-mandated PLAs when she stated that PLAs reduce construction costs. In reality, anti-competitive PLAs increase costs, funnel contracts to special interests and deny taxpayers the accountability they deserve from government. Solis’s position on PLAs is alarming, especially since Section 7 of President Obama’s Executive Order 13502 directs Solis to determine the expansion of the federal government’s PLA policy [Emphasis added]:

Section 7. The Director of the OMB, in consultation with the Secretary of Labor and with other officials as appropriate, shall provide the President within 180 days of this order, recommendations about whether broader use of PLAs, with respect to both construction projects undertaken under Federal contracts and construction projects receiving Federal financial assistance, would help to promote the economical, efficient, and timely completion of such projects. [Note: Order was issued Feb. 6, 180 days sets the deadline at Aug. 5 but an order hasn't been issued]

States and local communities should take interest in the expansion of Executive Order 13502 via Section 7. Accepting federal assistance for construction projects with attached PLA strings that favor Big Labor could bust strained budgets. Will states and local communities swallow the 18 percent PLA premium? Can they afford to build four schools, hospitals, bridges and courthouses for the price of five?

A PLA mandate on federally-assisted projects will also cost jobs. The impact of higher labor costs on finite budgets translates into fewer construction projects. Less building means less jobs which will harm local, state and federal revenue streams.

TheTruthAboutPLAs.com urges Secretary Solis and elected officials in favor of government-mandated PLAs to reconsider their support of these costly, corrupt and anti-competitive special interest agreements.

Cato Journal: Why Project Labor Agreements Are Not in the Public Interest

A compelling article critical of government-mandated project labor agreements (PLAs) by David G. Tuerck, executive director of the Beacon Hill Institute for Public Policy Research, appears in the current issue of the Cato Journal (Volume 30 Number 1, Winter 2010, “Are Unions Good for America?”).

Why Project Labor Agreements Are Not in the Public Interest” surveys the historical decline of construction union membership and track-record of government-mandated PLAs.   The article also documents the nexus between PLAs and federal and state prevailing wage laws, both of which are government-run special interest schemes used by Big Labor to artificially prop union wage premiums and market share.

For example, Tuerck explains that PLAs place nonunion contractors at a competitive disadvantage because of added “double benefit” costs in typical PLA agreements:

Thus, a PLA on a public project has the purpose and effect of reducing the competitive advantage of nonunion contractors, first by forcing them to pay twice for benefits already offered their workers and second by forcing pay cuts on their workers.  It amounts to a straightforward effort by the construction unions to put nonunion firms and workers at a competitive disadvantage.

While making a strong case that PLAs are not in the public’s best interest, Tuerck summarizes arguments for and against PLAs that often fuel the debate surrounding this contentious issue.  For example, Tuerck dismantles some of the methodology and false-logic often employed in studies promoting PLAs as a mechanism to reduce construction costs:

All such studies implicitly adopt a methodology in which they:

1. Take, as a given, the existence of costly work rules that benefit the unions (e.g., holiday pay concessions, favorable apprenticeship ratios, high overtime pay).
2. Identify work rules, among them costly rules given in (1), above, that would be modified under a PLA.
3. Show how much more it would have cost to perform the project had those rules not been modified.
4. Count (3) as a cost saving that argues for the PLA.

This methodology presupposes that we can count as a cost “saving” some feature of a PLA that corrects for a problem that might otherwise go uncorrected once the project gets under way. But therein lays the error: Why, if correcting for a problem cuts cost, would it go uncorrected? An open bidding process forces firms competing for a project to cut costs to the end of submitting a winning bid. If the unions want their employers to succeed in bidding for a project, they have every incentive to remove problems that lead to higher costs.

It is not a cost saving to modify work rules that are inefficient to begin with and that would not survive a competitive bidding process.

If union contractors are underutilizing apprentices, then they are operating inefficiently and should not expect to win projects on which they bid. It makes no sense to score the modification of a work rule as a “cost saving” when a competitive bidder would have modified that work rule anyway.

On the other hand, it hardly matters in an open bidding process if the unions refuse to modify inefficient work rules or to cooperate in cutting costs. Some contractor, most probably a nonunion contractor (given the existing dominance of nonunion contractors over market share), will be perfectly willing to work out cost-saving adjustments in the work day or in the use of apprentices, without help from a PLA. Presumably, the contractor that is most successful in working out problems of this kind will submit the lowest bid. It makes no sense to say that failure to adopt a PLA precludes the adoption of cost-cutting measures, when those measures would have been adopted anyway without a PLA.

The purpose of the bidding process is to induce bidders to fashion work rules and assign tasks in such a way as to get the job done at the lowest cost. And the best way to achieve that purpose is to make sure that the bidding process is unencumbered by measures, such as a PLA, whose real purpose is to preserve work rules that benefit the unions at the expense of efficiency.

The unions want policymakers to believe that PLAs are effective for removing inefficient work rules before a project goes up for bid.

But the unions push for PLAs for the very reason that a PLA is the best way to make sure that some of the inefficient work rules from which they benefit will survive the bidding process.

Keep in mind Tuerck’s attack on the false logic used by PLA proponents next time you stand up against special interests when a PLA is being considered at the federal, state or local level – especially when a PLA is promoted as a tool to decrease construction costs in markets where nonunion contractors are strong.

Iowa Governor Culver Issues Executive Order Encouraging PLAs

Iowa Governor Chet Culver (D) today issued Executive Order 22 at the Iowa Building and Construction Trades conference in Des Moines.  This order encourages state agencies to consider wasteful and discriminatory project labor agreements (PLAs) on state construction costing over $25 million.  This order is very similar to President Obama’s Executive Order 13502, issued in February 2009, which encourages PLAs on federal construction costing over $25 million.

As we stated in an earlier post, this is an unfortunate development for the people of Iowa.  Although Gov. Culver claims that this order “fights for working families,” it really means wasted tax dollars and stinks of election year politics.

Iowans have some experience with wasteful and discriminatory PLAs.  In 2002, the Polk County Board of Supervisors signed a PLA with the Central Iowa Building and Construction Trades Council for the Iowa Event Center project.  This project included a 17,000-seat arena and meeting and exhibit halls.  The Board of Supervisors claimed that the PLA was necessary to “keep the project on time, keep it on budget and complete it in a safe manner.”

A 2006 study by the Public Interest Institute, a nonpartisan, nonprofit research and educational institute in Mt. Pleasant, Iowa, found that the PLA failed on all three counts and created unnecessary burdens for local workers, taxpayers and businesses.

Here is an excerpt from the study:

One might think that completing a project on budget, on time and safely would be the goal for each and every construction project, but apparently the Polk County Board of Supervisors felt these goals could not be accomplished on the Iowa Events Center project without a project labor agreement.  Having been granted the PLA, was the Iowa Events Center completed on budget, on time and safely?  No.  Instead, workers were frozen out of the opportunity to work, businesses were not allowed to compete and the taxpayers were forced to pay even more for the Iowa Events Center construction because of the cost overruns of the project.  The project labor agreement for the Iowa Events Center project was an unnecessary burden on the workers, businesses and taxpayers of Iowa.

The failure of the Iowa Event Center PLA is just one of many examples of PLAs increasing construction costs for taxpayers and limiting opportunities for nonunion workers to compete for projects paid for by their own tax dollars.

So what prompted Gov. Culver to issue this order?  Here at TheTruthAboutPLAs.com, we have a guess.

Gov. Culver is facing long odds for re-election this fall against former Gov. Terry Branstad (R).  Recent polling shows Culver trailing Branstad by double digits and although it is still early, this is a troubling sign for an incumbent governor.

This is where Big Labor comes in.  Since Democrats took control of state government in 2006, Big Labor’s priorities have come to the forefront.  In 2007, union bosses and their allies in the General Assembly tried and failed to repeal the state’s Right to Work law.  After seeing the Right to Work repeal effort fail, Big Labor attempted to enact a state prevailing wage requirement in both 2008 and 2009.  Sensible lawmakers from both parties saw that prevailing wage requirements can significantly increase state construction costs and these measures were defeated as well.

Recognizing that Iowans aren’t too keen on changing their state’s Right to Work status, Gov. Culver marched into today’s Building Trade’s convention and told them he would not try to repeal the Right to Work law this year.  But it appears as though the governor thinks that he needs Big Labor’s support to win in November and gave them a parting gift on his way out – an executive order encouraging state agencies to execute wasteful and discriminatory PLAs.

Perhaps Gov. Culver hoped that his Right to Work announcement would overshadow his gift to the construction unions both in the media and in the minds of taxpayers.  He was wrong.  Reactions to this special interest handout have been swift and strong.

Former Gov. Branstad issued an immediate response on his 2010 campaign website.  Here is an excerpt:

This executive order will drive up costs. It will cost YOU, the taxpayer, even more than you are already paying.

What Governor Culver isn’t counting on is the people of Iowa to rise up and say, “Stop forcing costly, job-killing actions!” Whether it’s legislative liberals who push the repeal of right-to-work, prevailing wage, choice of doctor – all VITAL to the Big Labor agenda – to this governor kowtowing to them through election year conversions, we must stand up to him.

Not only that…he’s buttering them up at their own convention!

The Iowa Chapter of Associated Builders and Contractors issued the following news release:

The Iowa Chapter of Associated Builders and Contractors Denounces Executive Order 22 as Wasteful

Des Moines, IA – The Iowa Chapter of Associated Builders and Contractors (ABC) today denounced Executive Order 22 issued by Gov. Chet Culver, which encourages the use of project labor agreements (PLAs) on large-scale construction projects.

“Construction contracts subject to government-mandated PLAs are designed to be awarded exclusively to unionized contractors and their all-union workforces,” said Mike McCoy, ABC of Iowa Chairman.  “PLAs drive up construction costs by as much as 18 percent and discriminate against 8 out of 10 Iowa construction workers who have chosen not to join a construction labor union.”

“In the face of sagging poll numbers, Governor Culver issued an order that is nothing more than a political handout to Big Labor at the expense of taxpayers,” McCoy continued.  “There is no question that PLAs increase construction costs.  Studies conducted on a project here in Iowa found PLAs to be an unnecessary burden on local workers and taxpayers.  The only reason for Governor Culver to issue this order is to satisfy Big Labor after Democrats failed to repeal Iowa’s Right to Work law in 2007 and enact burdensome construction wage requirements in 2008 and 2009.”

A PLA is a contract that requires a construction project to be awarded only to contractors and subcontractors that agree to recognize unions as the representatives of their employees on that job; use the union hiring hall to obtain workers; pay union wages and benefits; and obey the union’s restrictive work rules, job classifications and arbitration procedures.

PLAs have been hotly contested because they discriminate against nonunion workers.  President Obama signed controversial Executive Order 13502 to encourage PLAs for use on federal construction projects over $25 million.  The order is under government review and is expected to be implemented.

###

ABC of Iowa is a statewide association representing approximately 550 merit shop construction and construction related firms. For more information visit www.abciowa.org

It is unfortunate that Gov. Culver decided to make his campaign for re-election a priority over good stewardship of the taxpayers’ money.  TheTruthAboutPLAs.com will do a complete roundup of news and blog coverage of this executive order and a breakdown of the order itself tomorrow.  Stay tuned.

Iowa Governor Chet Culver Issues Executive Order Encouraging PLAs

Iowa Governor Chet Culver today issued an executive order encouraging wasteful and discriminatory project labor agreements (PLAs) on state construction projects at the Iowa Building and Construction Trades Convention in Des Moines.  The Culver press release is below. 

The order is not publicly available yet, although it will likely be similar to President Obama’s Executive Order 13502, which encourages federal agencies to require PLAs on federal construction projects with a price tag greater than $25 million.

Culver’s gift to Big Labor is an unfortunate development for the people of Iowa. TheTruthAboutPLAs.com will have an extensive post on this breaking news soon.

UPDATE: The order was covered in a blog post in the Des Moines Register’s Iowa Politics Insider Blog (”Culver: I won’t repeal Right-To-Work Law,” 2/3) and (”Use labor agreements, Culver tells state departments,” 2/2).

Tuesday, February 02, 2010

Governor Culver to Sign Executive Order 22 at Labor Convention Tomorrow

DES MOINES – Governor Chet Culver will sign Executive Order 22 tomorrow at the Building and Construction Trades Convention. The Executive Order will require all state departments and agencies to consider using Project Labor Agreements on large-scale construction projects to provide structure and stability, promote efficient, on-time completion and ensure the highest standards and most reasonable costs on the projects.

WEDNESDAY, FEBRUARY 3, 2010

WHAT:
Governor Culver will sign Executive Order 22, which addresses the use of Project Labor Agreements by state agencies.

WHERE:
Building and Construction Trades Convention
Hotel Fort Des Moines
1000 Walnut St.
Des Moines, IA

WHEN:
9:00 a.m.

###

Indy Star Letter to the Editor: Provide Equal Opportunity

The outcry over wasteful and discriminatory project labor agreements (PLAs) continues in Indiana.  The Indianapolis Star published yet another letter to the editor in response to their article, “An Ailing Process,” published on January 24.

This most recent letter, titled, “Provide Equal Opportunity,” was published February 2.

Provide Equal Opportunity

Thank you for the Jan. 24 article, “An ailing process?”, concerning the use of project labor agreements (PLAs) on construction projects. While the article was fair and accurate, I believe it missed a key point.

It referred several times to J.R. Gaylor’s assertion that PLAs drive up construction costs. While I agree that they do, that is only part of the issue. Taxpayer dollars from publicly funded projects should not be steered to a select group of contractors and tradesmen. Less than a quarter of the construction work force in Indiana is unionized. Yet almost all of the recent high-profile, publicly funded construction projects have been governed by PLAs, steering that work to union contractors and workers. That leaves almost 80 percent of the available construction work force ineligible to benefit from these projects.

The PLA benefits cited (locking in wage rates and work rules in one negotiation, and barring strikes and walkouts) can easily be written into a contract without a PLA, which unnecessarily requires nonunion contractors to make benefit payments to the union for benefits that their nonunion employees never receive.

All qualified contractors and tradesmen should have an equal opportunity to benefit from public works projects.

Paul Neukam

Huntingburg

This is the second letter to the editor that the Indianapolis Star has published in response to their January 24 story.  We covered the other letter here.

BigGovernment.com Contributor Calls Out Big Labor For Inciting Class Warfare

In one of the most outstanding and complete breakdowns of the project labor agreement (PLA) issue in the blogosphere, BigGovernment.com contributor “Liberty Chick” outlines the sad history of PLAs nationwide and specifically in California in a post titled, “California’s Class Warfare: PLAs Pit Union and Nonunion Workers Against Each Other.”

This post – complete with videos and graphs – touches on almost every aspect of these special interest handouts, including that PLAs are designed only to keep the construction unions in business, they discriminate against women and minorities and the construction unions are using state environmental regulations to keep nonunion workers from competing for work.

This blog post is required reading for anyone who wants to learn more about PLAs and Big Labor’s drive to monopolize taxpayer-funded construction work.  Here are several excerpts.

On the Riverside College District PLA requirement adopted in December 2009:

Ten minutes prior to the start of a December 15th, 2009 board meeting of the Riverside Community College District in California, board members are handed a 52-page document filled with millions of dollars in projects to be funded by the district’s taxpayers, who themselves are struggling under the state’s 12.4% unemployment rate.  The document, a draft Project Labor Agreement (PLA), will commit long-term construction and ancillary projects for the next several years to labor unions.

At least twenty-three members of the public, many of them local private business owners who oppose the PLA, have attended [the meeting] to publicly comment on the proposal.  Two of the board members have never even seen the PLA prior to today, and have asked for a special session to review it.  Despite opposition from the public, and the concern voiced by those two board members, the remaining three board members have moved that the Board of Trustees authorize Chancellor Greg Gray to negotiate the final PLA with the Riverside and San Bernardino Building and Construction Trade Councils. Board Trustees Virginia Blumenthal and Janet Green dissented.

So, without adequate time for all to review the draft, without any backup analysis provided to justify the use of up to $350,000,000 in Measure C taxpayer funds, without giving the public reasonable time to voice their opinions, and with an unemployment rate of over 12% when non-union workers are in even greater need of jobs than union workers…why would three of Riverside’s five board members vote to move forward with a final negotiation anyway? Why the rush? Residents and business owners in Riverside are wondering the same thing, and hope to have the chance to weigh in before the PLA’s final draft is signed.

On Greenmail in California:

…federal and state laws have been passed over time to improve conditions for workers in America, leading to the creation of federal agencies like the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) to name only a few.  While labor unions once represented a large portion of workers in America prior to the existence of such laws and agencies, workers now have proper outlets and interest in voluntary union membership has declined.  As such, labor unions are turning again to PLAs as a tool in helping them to survive.

While PLAs were once largely embraced in a marketplace when unions represented a greater majority of workers in the US, today’s PLAs must claim other benefits to be reasonably received by a general public that is no longer largely unionized.  Today’s PLAs purport to extend jobs to non-union workers, when in reality they place new impositions on both employers and workers, such as mandatory union-hall hiring, forcing non-union workers to pay union dues and make contributions to others’ pension funds. With the advent of the strict standards of the California Environmental Quality Act (CEQA), PLAs now typically promise union sanctioned “environmental expertise”, adding another weapon to big labor’s arsenal.  Since most unions receive public funding for environmental training and mitigation, union bosses use it to assert their perceived authority by challenging projects on environmental grounds. They effectively hold a project hostage until the parties agree to a PLA and allow union shops to take control of the project’s labor requirements.  It’s nothing less than blackmail, which is how a new spin on the old term “greenmail” came to be mainstream, as effectively illustrated in the video below.  (TTAPLAs NOTE: Read more on Greenmail here)

President Obama, California and PLAs:

Lately it’s as though progressives are trying to relive the New Deal days, allowing politics, not need, to drive who gets jobs, money, resources and contracts. The influence of politics on governmental decisions and policies is certainly having its impact on how many opportunities are created for the majority of Americans, versus for just a very small subset that are the union workers.

In February 2009, as one of his first duties in office, President Obama signed an executive order that authorized federal executive agencies to use project labor agreements on federal construction contracts with a total cost of $25 million or more.  The order also revoked President Bush’s prior ban on mandatory PLAs, an action he’d taken after congressional hearings produced evidence that PLAs were discriminatory against open-shops and non-union workers, increased costs on most projects and were too often vehicles for abuse .  When the American Recovery and Reinvestment Act was passed only days after Obama’s order, agencies were encouraged to mandate PLAs for all stimulus projects.

Recently, skepticism of PLAs has increased under closer scrutiny of stimulus project awards, and more business journalists have been examining current unemployment numbers, looking at who’s getting jobs from stimulus projects, and at the relation of such issues to unionization statistics, as well as reporting on potential abuses.

California is a prime example of such governing policies that reckon back to the 1930’s, but in a day when the current level of union membership no longer justifies the pro-union policy.  Backed by the State Building and Construction Trades Council (an arm of AFL-CIO), the state is awash in cost-prohibitive union PLAs right now, even in light of its dismal financial situation.  It almost defies logic.

Other PLA spending in California includes:

* The Long Beach Airport Terminal Improvement Project is moving forward with its $35 million PLA, despite its projected $11 million budget deficit, a gasoline tax, parking fee increases, spending cuts and the closure of several fire stations.
* The Northern California Power Agency project’s $432 million PLA will deliver $60 million for labor unions alone
* Under Mayor Antonio Villaraigosa, a former union organizer himself, Los Angeles has undertaken numerous PLA projects, including the Mass Transit Authority, which has already increased fares and taxes on residents, as it takes on the added cost that a PLA will bring to the project.
* View a complete list of over 400 PLAs implemented in California between 2000 and April 2009

The state faces a $20 billion budget deficit, it issued I.O.U.s in taxpayers’ refunds, and recently Standard & Poor’s lowered its credit rating, following downgrades already made by Moody’s Investors and by Fitch Ratings.

California taxpayers have also been dealt a series of other costs, such as an extra 10% taken from their paycheck withholding, a 5% surcharge on state income taxes, an increased sales tax, and increases in ancillary fees such as vehicle licensing fees.  While they struggle with these cost increases, taxpayers will also foot the bill for the increased costs of PLAs.  Meanwhile, they struggle with one of the highest unemployment rates in the nation.

The Impact of PLAs on minorities:

And before any of our readers start ranting that being against PLAs means being against minorities, check your stats.  While blacks and Hispanics represent 23% of the general population, only an average of 8% of construction union members are minorities.  Labor leaders and progressive groups will often insist that PLAs ensure that minority workers have fair access to construction work, yet this is simply untrue.  Open competition however will ensure fair access.  And it is actually the non-union associations and conservative think tanks that have been working tirelessly to change this.  The CATO Institute published a paper by David Bernstein in 1993 titled The Davis-Bacon Act: Let’s Bring Jim Crow to an End, which details the history of how the 1931 prevailing wages law has intentionally excluded minorities from the construction industry and why it should be repealed.  Popular belief has also often been that unions are largely dominated by members with little or no secondary education, when in fact in California specifically, the majority have a college degree or some college.  While many of those are in public administration and education, the majorities also include those in transportation and construction.

As we await final regulations on President Obama’s Executive Order 13502, encouraging PLAs on federal construction costing over $25 million, the California situation is the proverbial canary in the coal mine.  The decline of construction union membership described in this post is not unique to California; it is occurring throughout the country.

PLAs, like the Employee Free (Forced) Choice Act, represent Big Labor’s hail mary.  Rather than transforming themselves to compete in the 21st century workplace, unions would rather rig the rules to their own advantage at the taxpayers’ expense.

Again, this post is outstanding. Thanks to BigGovernment.com and Liberty Chick for helping to expose the truth about PLAs.

Visit here for our recent rundown of California PLA activity as well.

UPDATE: Ivan Osorio from the Competitive Enterprise Institute also covered this story on their blog www.openmarkets.org in a post titled, “The High Cost of Project Labor Agreements.”

BigGovernment: Unions’ Unfair PLAy in California

TruthAboutPLAs.com friend and BigGovernment.com contributor Bret Jacobson wrote a great piece exposing Big Labor tactics in California in a January 29 BigGovernment.com post titled, “Unions’ Unfair PLAy in California.”

Some elected leaders in California are coming up on a tough decision: do they do what’s right for taxpayers, or take from the poor and give to rich union officials?

The story: Working Americans — taxpayers — have taken it on the chin in a tough economy. And now union are increasingly pushing special-interest laws known as “project labor agreements” that ensure that taxpayer-funded projects cost more because they can only use union labor. (watch video for a good explanation of the issue)
Now officials in Riverside, California are looking to slap a costly project labor agreement (see here ) on $350 million of construction efforts at the community college district. This after they have have already raised tuition by 30 percent this year passed a major tax increase. Not to load you down with math but PLA’s add about 20 percent in costs — meaning that tuition goes up, taxes go up to pay for the construction bond, and unions skim about $50 million in added costs.

Before Riverside leaders cast their votes, they ought to know that there’s an ugly history of PLAs in California. Unions have turned to “greenmail” — virtual extortion dressed up as environmentalism — to push PLA requirements on projects. And there’s evidence from the state that they even fail to deliver on the promises/alleged benefits of using a PLA.
Perhaps those are among the reasons that in November the Orange County Board of Supervisors unanimously passed an ordinance banning PLAs to ensure that taxpayers got the best deal.
Will Riverside’s elected leaders do the same?
Well put.  Check out our February 1 post titled, California: Land of the Lost,” for more information on Big Labor’s efforts to limit competition at the taxpayers’ expense in California.

California: Land of the Lost

There are few reports available that summarize how local governments across the United States are responding to the challenging economic and political circumstances of the last two years, but we at TheTruthAboutPLAs.com have been tracking the not-altogether-unexpected reaction at local governments in California.  Considering the reputation of California as a state where government fiscal irresponsibility and mismanagement are commonplace, it is no surprise that the misguided solution of many of its elected officials to high employment and tepid economic growth is to deprive taxpayers from getting the best quality public works construction at the best price.

Since 1993, when the modern manifestation of project labor agreements (PLAs) as a market recovery tool for unions began after the U.S. Supreme Court’s Boston Harbor decision, ABC of California and its coalition partners fought an average of two to four local government efforts per year to require contractors to sign project labor agreements to work on a construction project or group of projects.  There was one noticeable uptick in PLA activity in 2004, the year after the October 2003 recall of Governor Gray Davis and replacement with Arnold Schwarzenegger, but generally the disease was kept in check through vigilance and a lingering notion or legacy among most local elected officials that fiscal responsibility was a desirable trait.

Things are different now that 35 percent of construction workers in California have reportedly lost their jobs since 2006.  Since the November 2008 election, 25 local governments in California have considered or began considering Project Labor Agreements – an unprecedented number by far for any year in the state.  Thirteen of these local governments have implemented PLAs, while five have voted against or abandoned the proposals.  One local government voted against a PLA for a project but then voted for a PLA on the same project at a subsequent special meeting two weeks later.  Three local governments have voted to negotiate PLAs and five local governments are on the verge of approving negotiations for PLAs.

There has also been a counter-reaction.  One local government has banned PLAs, and PLA bans are currently in the works at four local governments.  A union attempt to repeal the existing PLA ban at one local government was subsequently abandoned.

Government-Mandated PLA Activity in California

November 4, 2008 (Election Day) to February 1, 2010

PLA Bans – Implemented

  • Orange County – Ordinance Prohibiting PLAs

PLA Bans Publicly Under Consideration

  • City of Chula Vista – Ballot initiative qualified to prohibit PLAs with ordinance
  • City of Oceanside – Ballot initiative qualified to prohibit PLAs with charter provision
  • City of San Diego – Ballot initiative – signatures being collected to prohibit PLAs through charter amendment
  • City of Roseville – Charter Review Commission does not recommend charter amendment banning PLAs but recommends to city council that it ban PLAs via ordinance

Repeal of PLA Ban Proposed, but Abandoned

  • City of Fresno – Ordinance Prohibiting PLAs

PLAs Proposed but Not Implemented

  • Del Norte Unified School District – future school construction
  • Mendocino-Lake Community College District – Measure W
  • San Diego County Regional Airport Authority – Terminal 2 Expansion
  • Northern California Power Authority – Lodi Energy Center power plant (first vote)
  • Imperial County – Green Retrofit and Workforce Development Program

PLAs Implemented

  • City of Palmdale – municipal solar hybrid power plant (to avoid union “greenmail”/environmental permit extortion)
  • John Swett Unified School District – Measure A
  • San Mateo Union High School District – half of Measure M
  • San Diego Unified School District – Proposition S (two versions)
  • City of Brentwood – civic center
  • Alum Rock Union Elementary School District – Measure G
  • Fremont Union High School District – All Outdoor Athletic Facilities
  • Hayward Unified School District – Measure I
  • Solano County – 321 Tuolumne Street/Solano Justice Center and 355 Tuolumne Street renovation (exempt projects from $10 million threshold in county PLA policy)
  • Peralta Community College District – Berkeley City College Build-Out, Phase 2
  • Sacramento City Unified School District – All Projects More than $1 Million – Four-Year Renewal
  • Northern California Power Authority – Lodi Energy Center power plant (second vote) (to avoid union “greenmail”/environmental permit extortion)
  • City of Vallejo – Vallejo Station Parking Structure, Phase A

PLAs – Negotiations Approved

  • Centinela Valley Union High School District – Measure CV
  • Riverside Community College District – remainder of Measure C
  • City of Long Beach – Airport Modernization

PLAs Under Consideration – Vote for Negotiations Imminent

  • Port of Los Angeles – All Work
  • Port of Long Beach – Middle Harbor Redevelopment Project
  • Los Angeles County Metropolitan Transportation District – Gold Line Extension
  • Sacramento Municipal Utility District (SMUD) – Corporation Yard
  • San Joaquin-Delta Community College District – remainder of Measure L

Is this explosion of PLAs a sign that local elected officials are sensing growing political and economic power for construction trade unions in California?  This seems unlikely, considering that construction unions are racked by internal squabbles and are hobbled by 30-40 percent unemployment and hopelessly underfunded benefit programs.

It’s more likely that local elected officials figure that unions have and will support their future political campaigns while voters will never make them accountable for manipulating government policies for the benefit of one special interest group.  Without question, forgotten in the push for 25 PLAs since the November 2008 elections is the perspective of the people who have to pay for public works construction – the taxpayers.

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