Baltimore to Review Project Labor Agreement Law

The Baltimore Sun reported that legislation has been introduced before the Baltimore City Council that would require project labor agreements (PLAs) on city projects greater than $5 million (”Union laborers would be first in line for city projects under new bill,” 3/8/10).

It is no surprise that the bill is being misrepresented by Big Labor lobbyists such as Jayson T. Williams, legislative director for the local chapter of the Laborers International Union of North America, and their political allies like Councilman Bill Henry, as a tool to create jobs for local Baltimore residents.

Of course, the real truth is that PLAs are special interest agreements that create jobs for local union members at the expense of local nonunion employees (just 12.6 percent of the MD private construction workforce belongs to a union according to www.unionstats.com) and contractors in the construction industry. In the end, taxpayers foot the bill for the added costs associated with these anti-competitive agreements. 

But the head of the state’s powerful contractors group said the law could prove disastrous to small businesses.

“It would put us out of business,” said Pless B. Jones, owner of P&J Contracting and president of the Maryland Minority Contractor Association. “Eighty-five percent [of area] contractors are nonunion.”

The bill is a thinly veiled power grab by the unions, he said.

Mike Henderson, president of the Associated Builders and Contractors lobbying group, said the measure could have the opposite effect, forcing the city to grant contracts to union contractors from the surrounding counties and states.

“It’s a terrible idea in every conceivable way,” Henderson said, adding that the bill would drive up construction costs. “It’s discriminatory, inflationary and with no possible societal benefit.”

Henry has offered to facilitate a meeting to discuss the issue with both sides. The council’s labor subcommittee will hold hearings on the bill before it can be presented to the full council for a vote.

With the U.S. construction industry unemployment rate hovering at 27 percent, all unemployed construction workers should have a fair opportunity to deliver to taxpayers the best possible construction project at the best possible price. Despite the honorable intent of creating jobs for local residents, PLAs play favorites and ensures that politically well-connected unions solely benefit from jobs created by public works projects.

Review a sample PLA and see how PLAs harm nonunion contractors, their employees and taxpayers here.

Do PLAs Reward Special Interests?

TheTruthAboutPLAs.com has long maintained that government-mandated project labor agreements (PLAs) are one of the purest forms of payback to special interests. Sometimes it is hard to believe that PLAs are even legal. And as this example will demonstrate, elected officials go to great lengths to justify their paybacks to special interests.

Matthew J. Brouillette, president and CEO of the Harrisburg-based Commonwealth Foundation, wrote an excellent Op-Ed in The Philadelphia Inquirerthat attacks the political doublespeak coming out of Governor Rendell’s administration when it comes to capping the influence of special interests (”Some Interests More Special Than the Rest,” 03/03/10).

In his eighth and final budget address last month, Gov. Rendell repeatedly criticized “special interests” for stymieing his legislative proposals. He said, ” … the time has come to put stricter controls not simply on what they report, but on what they do.” And he called for a cap on special-interest groups’ campaign contributions, implying that such limits would lower the hurdles for his policy proposals.

…Of course, Rendell hadn’t declared war on all special interests – only those that oppose his tax-borrow-and-spend agenda…

..So while job creators who are trying to keep the government from taking more of their money are labeled evil special interests by the governor, those that lobby for more of other people’s money are somehow considered virtuous.

Brouillette goes on to document examples of Gov. Rendell supporting special interests, including Big Labor’s effort to secure PLAs on public works projects. 

Other special interests that apparently have the governor’s blessing include teachers’ unions, which lobby for hundreds of millions of dollars more every year, and construction unions, which lobby for such special privileges as “project labor agreements.”

And according to a recent article in The Pennsylvania Independent, the Rendell Administration has even been caught red-handed in their feeble attempt to cover their corruption with a study that justifies the use of an anti-competitive PLA on several PA prison projects (”Department Commits to PLAs Prior to Studies,” 3/5/10).

Nearly a year before opening bids on several planned prison sites, Pennsylvania’s Department of General Services (DGS) signed a letter of commitment with the Building and Construction Trades Council (BCTC) which required DGS to award the bid to a member of the council, that is, a union contractor.

The letter states in the first paragraph, “DGS will retain the Keystone Research Center to conduct the necessary studies and investigations required for the development of a Project Labor Stabilization Agreement (PLSA) for each project meeting this criteria. IF such studies justify a PLSA, DGS will negotiate and enter into a PLSA with the regional building trades council affiliated with the Building Trades in each region of the Commonwealth of Pennsylvania where the project will be constructed” (emphasis added).

The DGS letter is dated April of 2008 and bears the signatures of James Creedon, Secretary of the DGS and Frank Sirianni, president of the Building and Construction Trades Council, which represents construction unions across Pennsylvania….

…Frank Sirianni also sits on the board of the Keystone Research Center (KRC), the organization which produced a report in 2009 recommending the use of project labor agreements (PLAs) for the construction of the prisons, specifically in Benner Township. Their report came after a study conducted by Kevin Moore for the same township. Mr. Moore’s report states “in this Region, at this time, there does not appear to be any data that would support the necessity for the PLA. The Regional construction market is incredibly slow, resulting in an overabundance of skilled labor throughout the Region, the Commonwealth and beyond. There is no competitor for DGS for skilled labor now, or on the 24-29 month horizon…under the present circumstances and wholly limited to the facts presented, a PLA is not necessary for DGS to complete this project as planned.”

…So before bidding even began on the prison sites, DGS had already committed to use a union-affiliated contractor through a PLA.

And after the first report failed to justify a PLA – the result the administration wanted – DGS took the corruption to a new level and used a study written by a Big Labor think tank to justify this PLA. TheTruthAboutPLAs.com independently exposed this corruption on July 9, 2009 and brought it to the attention of the media, PA lawmakers, interested stakeholders (”PA Government Cronyism Continues with Rockview Jail PLA“).

Where is the accountability in government? This PLA corruption has to end.

Rick Amato and Scott Crosby Talk PLAs in San Diego

San Diego KCBQ AM 1170’s Rick Amato talks project labor agreements (PLAs) with Scott Crosby, president of Associated Builders and Contractor’s San Diego Chapter on the March 4 edition of the Rick Amato Show.

It’s great radio and they really do an outstanding job of touching on why PLAs are a bad deal for San Diego.

Catch the entire interview here.

Metro Washington Council AFL-CIO President Argues McDonalds Employees Only Earn $50 an Hour

A quote in a recent Washington Business Journal article indicates that Joslyn Williams, president of the AFL-CIO Metropolitan Washington Council, believes McDonald’s employees earn $50 an hour (”Bill heats up battle over required use of union labor,” 2/28/10).

“The city has to decide whether it wants people working on its construction projects to earn only ‘McDonald’s wages,’” said Joslyn Williams, president of the AFL-CIO Washington, D.C. Metro Council. “That’s a social decision that the government must make.”

Well, that would be an accurate dilemma for DC government to deliberate – if only Joslyn Williams were right and understood the legislation he is lobbying in favor of  (something lobbyists generally master before weighing in on an issue in front of elected officials, the media and interested constituents).

Williams’ statement was made in support of D.C. Councilman Michael Brown’s bill, the District Resident Employment and Trade Stimulus Act of 2010 (Bill 18-650), co-introduced with Councilman Harry Thomas Jr. (D-Ward 5), which would mandate that contractors building District construction projects that receive at least $200,000 in city support sign a project labor agreement (PLA).

The bill would require builders to sign project labor agreements — deals to use union workers — and to hire D.C. residents for a higher percentage of construction work on many city-supported projects under First Source agreements.

Brown, an independent at-large councilman, said workers living outside the District are getting jobs on city-funded projects despite existing laws that require builders to hire a certain number of D.C. residents…

…The bill would require contractors to use D.C. residents for 25 percent of journey-worker hours, 50 percent of apprenticeship hours, 60 percent of skilled laborer hours and 70 percent of unskilled laborer hours.

Williams should know that D.C. is expressly included within the federal Davis-Bacon Act, and therefore all D.C.-funded construction projects are subject to federal government-determined wage and benefit rates that must be paid to construction employees. Afterall, defending the practice of mandating government-determined wages that are consistently similar to union-scale wages is a cornerstone of the AFL-CIO lobby portfolio.

Wage and benefit rates are posted online at http://www/wdol.gov via the “Selecting DBA WDs” link.  For example, electricians working on a “Building” type of construction in D.C. must be paid a minimum of $37.60 in wages and the cash or benefit equivalent of $12.28 per hour ($49.88 total per hour). Plumbers must earn $37.67 plus $14.69 in benefits per hour ($52.36 total).  This is the minimum amount contractors must pay employees in this trade and on this type of project. As you can see, wage and benefit rates are already quite high for construction industry employees under existing law.

Either Williams doesn’t have a clue what he is talking about, or he is intentionally misleading the public. Or, maybe he knows of McDonald’s employees earning a total compensation package of around $50 per hour.

Unfortunately, PLA proponents frequently mislead the public when advocating for PLAs. Big Labor’s lobbyists are quick to argue that PLAs guarantee fair wages and benefits, but they don’t tell the public and elected officials that existing law governing most publicly funded construction projects already mandates high wages and benefits.

PLA proponents incorrectly assert these anti-competitive schemes are the only way to guarantee local hire - another fib. Local workforce goals or mandates can be implemented without the discriminatory and costly provisions typical in most PLAs that we have dissected for the public here

What about the claim that PLAs prevent labor strikes? Good contracting language can also provide severe penalties that discourage strikes and other labor unrest for which Big Labor is solely responsible. And what about all of those PLA projects that have suffered from strikes? That’s some guarantee.

What PLA proponents won’t tell you is that PLAs deny nearly 88 percent of the District’s construction workforce (those who do not belong to a labor union) the ability to be employed on public work projects, reducing competition and significantly driving up costs to taxpayers.  With government budgets stretched to the breaking point and essential services being cut, it is critical that taxpayers get the best quality work at the best price. Always. PLAs put special interests ahead of the public interest by essentially restricting the bidding process to contractors backed by big labor unions — denying others the opportunity to do a better job at a better price. 

DC School PLA Chalkboard

And while Big Labor lobbyists don’t let the facts get in the way of their arguments, they use the power of political contributions to advance their crony capitalism agenda.

From The Washington City Paper (Friends Like These, 2/12/10)”:

Rick Powell, political director for the Metro Washington Labor Council AFL-CIO, says the political stakes are sky-high –especially in an election year. Labor will be whipping their votes hard, Powell says. “This is the No. 1 priority for labor in 2010,” he says. “We’re judging everybody based on where they come down on this bill.”

DC officials need to kill this legislation because PLAs are not in the public interest.  A sop to Big Labor’s special interests, PLAs deny taxpayers the accountability they deserve from government while encouraging waste and discrimination in contracting.

DC Residents will be asking this question if Bill 18-650, The PLA Bill, passes.

DC Residents will be asking this question if Bill 18-650, The PLA Bill, passes.

Poll: MA Public Opposes Key Mandate of PLAs

According to a press release by the Beacon Hill Institute at Suffolk University, in Boston Mass., a new poll of Massachusetts voters indicates the public opposes a key provision of typical PLAs.

A new survey conducted by the Suffolk University Political Research Center for the Beacon Hill Institute shows that 69% of Massachusetts voters oppose a requirement under which private contractors who perform public projects must hire workers through union hiring halls. The finding is important because the requirement is a key feature of Project Labor Agreements (PLAs), which are strongly favored by construction unions for conducting public projects.

Last year, President Obama issued an executive order encouraging the use of PLAs on federal construction projects. The order is controversial in part because PLAs require contractors to use labor provided by the unions, whether or not their own workers are union members.

Proponents argue that PLAs guarantee the availability of a skilled workforce and labor “peace.” Opponents argue that nonunion workers are just as a skilled as union workers and that the requirement puts nonunion contractors at a competitive disadvantage, penalizes the vast majority of construction workers, who do not belong to unions, and increases construction costs. Worries about labor peace, say opponents, are an empty threat.

Opposition to the idea of requiring construction contractors to hire through union hiring halls runs counter to voters’ otherwise sympathetic attitudes to unions. The same survey showed that a majority (52%) of Massachusetts voters have a favorable opinion of unions. It also found that only 19% of voters believe that public sector union workers are overpaid.

The requirement that construction contractors hire their workers through union hiring halls is opposed by almost every segment of the electorate. Eighty‐eight percent (88%) of Republicans, 76% of Independents and 52% of Democrats oppose the requirement. Even among households with union members, 59% are opposed. Opposition is consistent across voters segmented according to age, gender, race and attitudes toward candidates for governor and the U.S. Senate. Only the 15% of voters who have a “very favorable” view of unions support the requirement.

The survey suggests that public opinion of project labor agreements may be sensitive to perceptions about the degree to which construction workers are unionized. Seventy‐three percent (73%) of the respondents estimated that the fraction belonging to unions is 40% or more. In fact, only about 20% of private construction workers in Massachusetts belong to unions. Respondents were given this fact before they were asked about hiring through union hiring halls.

David G. Tuerck, Executive Director of the Institute said that “elected officials who must decide whether to enter into PLAs on public construction projects should be interested in the results of the survey. Apparently, when voters are informed of the facts concerning union membership, they do not support a key feature of PLAs.”

The statewide survey of 500 Massachusetts registered voters was conducted Feb. 21‐24, 2010.

The margin of error is +/‐ 4.4 percent at a 95 percent level of confidence. Cross-tabs.

See The Boston Herald for additional coverage, (”Poll: Don’t Mandate Unions on Projects,” 3/4/10).

While some PLAs permit a nonunion contractor to use a limited number of their core workforce (usually the lesser of 8 employees or 12 percent of the trade’s total workforce), most PLAs require an all-union workforce.

For those few nonunion employees that work on a PLA project, PLAs require that they are hired through the union hiring hall where they are often subject to union intimidation to join a union. While on the jobsite, PLAs force nonunion employees to follow unfamiliar union work rules and pay union fees for the life of a PLA project. 

Employer contributions to employee benefits must be paid into labor-management (union) run plans rather than existing plans offered by their nonunion employer. Employees will forfeit these contributions earned for hours worked on a PLA jobsite to the union plans unless they join a union and become vested. 

A 2009 study by Dr. John R. McGowan, “The Discriminatory Impact of Union Fringe Benefit Requirements on Nonunion Workers Under Government-Mandated Project Labor Agreements” found that nonunion employees of nonunion contractors that are forced to perform under government-mandated PLAs suffer a reduction in their take home pay that is conservatively estimated at 20 percent because of the “pension” provision in typical PLAs.  Hundreds of millions of dollars of their income would be distributed to union pension funds, from which the nonunion workers will receive no benefits. It’s no wonder why nonunion contractors and their employees oppose PLAs.

The study found that had President Obama’s pro-PLA Executive Order 13502 applied to federal contracts in 2008, additional costs incurred by employers related to wasteful PLA pension requirements would likely have ranged from $230 to $767 million per year. In total, the move to PLAs could cost nonunion workers and their employers $414 million to more than $1.38 billion annually.

In short, nonunion employees experience a Big Labor shakedown on PLA projects.

Big Labor will be quick to refute this poll with arguments that PLAs don’t require an all-union workforce and nonunion contractors can bid on PLA projects. While both claims may be technically true, the reality is that PLA proponents must rely on distorted facts instead of superior value and performance to secure work for their members and regain lost market share.

San Diego Continues Paying Price for Job-Killing PLAs

A March 1 San Diego Daily Transcript Op-Ed by Coalition for Fair Employment in Construction’s (CFEC) Eric Christen slams wasteful and discriminatory project labor agreements (PLAs) for their negative impact on job growth.

Here are the highlights (Links added):

Unemployment stands at 12.4 percent. The state is facing un-ending multi-billion dollar deficits. The city of Vallejo has declared bankruptcy and other cities and counties are considering following suit. But that hasn’t stopped Big Labor lobbyists from pushing costly, job-killing special interest Project Labor Agreements (PLAs) that will cost hard-working taxpayers hundreds of millions of dollars. The problem for San Diego is that local union bosses are trying to make an art of it.

Project Labor Agreements are special interest kickback schemes that end open, fair and competitive bidding on public work projects. PLAs deny nearly 85 percent of California’s construction workforce the ability to do public work projects, reducing competition and significantly driving up costs to taxpayers. With government budgets stretched to the breaking point and essential services being cut, it is critical that taxpayers get the best quality work at the best price. Always. PLAs put special interests ahead of the public interest by restricting the bidding process to ONLY contractors backed by big labor unions — denying others the opportunity to do a better job at a better price.

This is an outrage — especially in San Diego where unemployment in the construction industry stands at an astounding 25 percent. Big Labor is pushing for special interest PLAs on San Diego’s new City Hall, downtown library, Convention Center expansion, new Charger stadium, and the latest Chula Vista bay-front project. San Diego has already paid the price of costly PLAs.

Last year, Gaylord Entertainment withdrew its plan to build a $1 billion resort and convention center in Chula Vista after being blackmailed by Big Labor. The owner was told to agree to a PLA or face the threat of costly lawsuits. Gaylord spent three years and millions of dollars trying to bring 2,000 construction jobs and millions in annual revenue to the region (couldn’t we use those about now?) but finally threw up its hands and moved the project to Mesa, Ariz.

Unfortunately, PLAs raise ethical concerns. After getting $400,000 in union political contributions, three San Diego School Board members voted to impose a PLA on SDUSD’s $2.1 billion Proposition S construction bond. Rather than spending money for better schools, more classrooms and more educational opportunities for our children, three of the board members — Shelia Jackson, Richard Barerra and John Lee Evans — voted to spend more money on higher construction costs.

Just last week the extent of the damage became evident. The first project to go out to bid with a PLA had 66 percent less bids than another San Diego School Distict project without a PLA kickback scheme attached to it. Worse yet, the bid was 35 percent over budget. To add insult to injury, the job was awarded to a bidder from Los Angeles. So much for the “local hire” propaganda pushed by PLA proponents.

Taxpayers demand and deserve the best quality work at the best price. Denying the vast majority of San Diego firms the opportunity to even bid on projects makes no sense. Only fair and open competition can ensure taxpayers get the best bang for their buck.

Fortunately, taxpayers in San Diego have the opportunity to end the special interest kickback schemes. In 2010 there are no fewer than four entities in San Diego County who will be voting to ban PLAs and codify into law support for open competition.

The cities of Chula Vista and Oceanside will have measures on the June ballot. We are also currently working with the San Diego County Board of Supervisors to do the same thing. And in the city of San Diego, California’s second largest city, we are currently collecting signatures that would amend the city charter to protect taxpayers from these costly backroom deals. We need to collect 100,000 valid signatures by the end of April to have this placed on the November ballot. You can help to accomplish this by going to reformsandiego.com.

Help us protect taxpayers by putting the public interest ahead of the big labor special interests that have harmed working men and women, taxpayers, children, and the business climate for too long.

This Op-Ed comes on the heels of a San Diego County Board of Supervisors’ vote to prohibit PLAs on county projects.

There is no question that after years of politicians giving handouts in the form of PLAs to their Big Labor cronies at the taxpayers’ expense, Californians are fighting back against corruption and special interests.

If you support open competition and accountability on taxpayer funded projects, please visit reformsandiego.com.

San Diegans for Fair and Open City Contracting is the group collecting the 100,000 signatures necessary to put fair and open competition on the ballot for the city of San Diego.  They are currently in the middle of an effort to raise $48,000 in 48 hours to support their efforts.  This is a golden opportunity to end these sweetheart deals in the city of San Diego once and for all.

Please visit www.reformsandiego.com to contribute to the “48K in 48 Hours” effort.

And be sure to tell them that TheTruthAboutPLAs.com sent you!

20in20

Delays and Increased Construction Costs Plague PA Prison

Pennsylvania’s Graterford Prison project labor agreement (PLA) controversy is in the Philadelphia newspapers again. No progress has been made on the construction of this important project.

Looking for something to blame?
It’s the PLA, stupid!

Looking for someone to blame?

Blame Big Labor’s lobbyists for pushing costly, job-killing special interest PLAs and blame public officials for allowing these backroom kickback schemes to end open, fair and competitive bidding on public work projects.

PLA-Jeopardy-Image

TheTruthAboutPLAs.com covered the controversy surrounding government-mandated PLAs on $865 million worth of prison construction commissioned by the Pennsylvania Department of General Services (DGS).

From the Philadelphia Inquirer (”Lawsuit Over Labor Delays Montco Prison Project,” 3/1/10).

At a time when unemployment among construction workers stands at close to 25 percent, a $400 million Pennsylvania prison project that would have employed 1,400 carpenters, electricians, and others in the trades remains mired in bureaucracy and litigation.

Meanwhile, the state prison system is so crowded that it is shipping 2,000 inmates out of state at a daily cost of $62 per inmate.

Construction on the project, a new 4,100-bed prison next to Graterford Prison in Skippack Township, Montgomery County, was supposed to have started in September. …

….The Graterford project has been plagued by three problems – a disagreement over how it should be bid, the question of whether the workforce must be union, and the inability to find a bidder able to build the prison envisioned for the money available.

O’Reilly’s department had put the project out for bid in the spring. None of the bidders met the price.

The department was in negotiations in July with the lowest bidder, Keating Building Corp., a Philadelphia union contractor. Then nearly four dozen nonunion construction workers and contractors, along with trade associations that represent open shops, filed a lawsuit against the state to stop the project.

The plaintiffs made two requests: an injunction to stop the department from awarding the contract, and not to require a project labor agreement as a bid specification.

Project labor agreements typically require contractors to pay union wages and, in some cases, use union workers. The unions guarantee a trained labor supply and promise there will be no work stoppages.

On Dec. 1, Commonwealth Court Judge Dan Pellegrini refused to grant the request for an injunction; his decision has been appealed to the state Supreme Court.

The Pennsylvania Independent explains the complaint behind the lawsuit in greater detail and connects the corrupt dots between the DGS, The Keystone Research Center, Gov. Rendell and Big Labor (”Project Labor Agreements Delay Prison Construction,” 3/2/10).

Remember the lack of competition, increased costs, legal wrangling and project delays experienced by this project the next time public officials and Big Labor lobbyists want to play JEOPARDY! with public works contracts in your community.

UPDATE: Matthew Brouillette, president and CEO of the Commonwealth Foundation, notes in an op-ed (”Some Interests More Special Than Others,” 3/3/10) that when it comes to Gov. Rendell stopping the influence of special interest groups in Pennsylvania, some groups are more special than others.  As we have pointed out before, the governor has a particular love affairs with Big Labor and Mr. Brouillette mentions this in his op-ed:

Other special interests that apparently have the governor’s blessing include teachers’ unions, which lobby for hundreds of millions of dollars more every year, and construction unions, which lobby for such special privileges as “project labor agreements.”

White House’s Middle Class Task Force 2010 Report Mentions Project Labor Agreements

The construction industry is still waiting for the Federal Acquisition Regulation (FAR) Council to issue a final rule on regulations that promote project labor agreements (PLAs) on federal construction projects exceeding $25 million, as directed by President Obama’s Feb. 6, 2009 Executive Order 13502.

After months of intense opposition and no comment from the White House or action by federal regulators, rumors circulated within the construction industry that the White House had quietly backed away from this discriminatory and costly special interest policy.

However, a Feb. 26, 2010 report from the White House’s Middle Class Task Force included this update on government-mandated PLAs and Executive Order 13502 (page 20):

Project Labor Agreements and Other Executive Orders

One of the first actions taken on behalf of the Middle-Class Task Force was President Obama’s signing of Executive Order (EO) 13502 encouraging executive agencies to consider using project labor agreements (PLAs) when they engage in large-scale construction projects. Project labor agreements are pre-hire collective bargaining agreements withone or more labor organizations that establish the terms and conditions of employment for a specific constructionproject. The use of a project labor agreement can provide structure and stability to large-scale construction projects. PLAs also help ensure compliance with laws and regulations governing safety and health, equal employment opportunity, and labor and employment standards. The coordination achieved through PLAscan significantly enhance the economy and efficiency of Federal construction projects.

Along withassisting the preparation and signing of the EO, the Task Force recognized that it was not enough simply to sign the EO encouraging the use of PLAs; we needed to help promote their appropriate use by agency contracting offices, most of whom had little knowledge of, or experience with, PLAs. To boost implementation of the President’s order, the Task Force convened an inter-agency PLA Working Group to provide technical assistance to agencies on PLAs. The working group currently includes the Department of Energy, the Department of Labor, the Department of Commerce, the Department of Justice, the Department of Housing and Urban Development, the Department of Agriculture, the Department of Transportation, the Department of the Interior, the Tennessee Valley Authority, the National Aeronautics and Space Administration, the General Services Administration, and the Office of Management and Budget.

Building on the Department of Energy’s successful use of PLAs to effectively coordinate large construc­tion projects, other agencies are investigating the benefits of PLAs, and we expect to see increased utilization of Project Labor Agreements in the future.

There’s no mention in the report about Section 7 of Executive Order 13502, which would push PLAs on federally-assisted projects, and there is no indication when the FAR Council will issue a final rule implementing Executive Order 13502 into procurement regulations.

However, this 1/20/10 Department of Defense document on open FAR cases provides some insight into the status of the FAR Council’s final rule on FAR Case 2009-005:

01/20/2010 DAR staff tasked Acquisition Law Team to draft final FAR rule. Report due 02/03/2010 (4th Extension).

TheTruthAboutPLAs.com remains opposed to government-mandated PLAs and Executive Order 13502 and will continue to monitor the latest news related to these backroom deals that reward Big Labor for their political support.

And as if there was ever any doubt, here is one more piece of evidence demonstrating that Big Labor’s special interests are behind Executive Order 13502. 

The Dec. 11, 2008  AFL-CIO Recommendations for the Obama Administration related to Procurement and Regulatory Policy, posted at the Obama-Biden Transition Project’s website, calls for the following:

Project Labor Agreements. The new administration should immediately repeal Executive Order 13202 as amended by E.O. 13208. The Executive Orders, signed on February 17 and April 8, 2001, respectively, revoked Executive Order 12836 of February 1, 1993, as well as the Presidential memorandum of June 5, 1997 entitled “Use of Project Labor Agreements for Federal Construction Projects.”These executive orders should be immediately revoked, and at a later date a new executive order should be issued promoting appropriate use of project labor agreements on federal and federally-funded construction projects.

It is amazing to see how many of those recommendations have already been implemented (E.O. 13494, E.O. 13496, E.O. 13495, Buy American Provisions in government contracts ARRA, T-1 rule revision) or are being reviewed by the White House (responsible contractor policy).

Waterbury PLA Schools Continue Record of Poor Performance

The Waterbury Republican American reported on 2/24/10 that two CT schools recently constructed under project labor agreements (PLAs) have suffered cost overruns, construction defects and missed construction deadlines.

CONSTRUCTION CONTRAST: Item: The $20.5 million Rotella Interdistrict Magnet School was finished late and came in 10 percent over budget. Today, it’s leaky, the climate-control system is faulty, the courtyard isn’t level, and brown stuff oozes from the tile floors in some places. Item: The $34.7 million Duggan School reconstruction is at least 20 percent over budget, and the school will open a year later than expected. In both cases, the Board of Education insisted on union-only project labor agreements (PLAs), effectively excluding the many nonunion contractors from bidding. Item: The $35.9 million City Hall renovation, about which we had serious misgivings from the start because of long years of neglect and recent, potentially catastrophic water damage, likely will be turned over to the city Nov. 30, a month early, and apparently under budget. The City Hall project was not a union-only PLA. What conclusions might one draw from these facts?

The increased costs experienced by these PLA projects support the findings of a September 2004 study, Project Labor Agreements and the Cost of Public School Construction in Connecticut, conducted by the Beacon Hill Institute (BHI) at Suffolk University.  BHI’s analysis of CT schools built between 1996 through 2004 found that the use of PLAs on school construction projects in CT increased the cost of the projects by nearly 18 percent.  The report concludes that the presence of a PLA increased the projects’ final base construction costs by $30 per square foot relative to non-PLA projects.
CTABC_RVS.psd

In 2007, Waterbury Board of Education officials mandated PLAs on $90 million worth of public school construction like the Duggan School and the Rotella Interdistrict Magnet School. The Republican-Americanwrote this scathing editorial opposed to the decision by Waterbury Board of Education officials to mandate PLAs on future construction (”The Return of Paronage,” 1/29/07).

It didn’t take long for Waterbury’s political establishment to make taxpayers start missing the state oversight board, which disbanded last week. The oversight board’s prime directive was to stand up for taxpayers. Those who hoped that approach to spending might spread through government like a vaccine saw their hopes dashed Jan. 22 by the Board of Education.

Presented with an opportunity to save city and state taxpayers money on school construction, the board said no to the savings and yes to a special-interest group: labor unions.

Poised to spend $90 million in school construction and renovation, the board could have opened the bidding to independent contractors that may or may not use union labor; or to union contractors only.

Obviously, the former approach would have saved money. Lelah Campo of Associated Builders and Contractors of Connecticut told the board 80 percent of the contracting firms in the state are not unionized, so there would have been keener competition for the contracts.

Just as obviously, choosing the lower-cost alternative presented no implications for quality. Only qualified bidders would win contracts. The Interstate 84 storm-sewer fiasco, meanwhile, was a union production. So was the troubled Rotella Magnet School project. Boston’s Big Dig, notorious for cost overruns, delays and lethal incompetence? Union only.

The board voted 7-3 to require a project-labor agreement, meaning only union contractors need apply. There was an undercurrent of selfish irresponsibility; board members understood the state will pay 80 percent of the project cost. The state’s money; the state’s tough luck, if the board’s decision inflates the price tag.

Most distressing, however, were the indications the board simply didn’t grasp its duty to taxpayers. With four dozen union members in the audience and only a few people representing the independent contractors, the board may have felt intimidated. But it didn’t take long for members to play to the crowd. “The key component of this whole thing is for Waterbury people to get a good wage,” board President Patrick J. Hayes Jr. said. “It’s about rebuilding the community.”

No, it’s about getting the schools built properly, on or under budget, and on time. It’s about public education. If Mr. Hayes and other members of the majority want to help adults in Waterbury get better wages, government agencies and private organizations engaged in that mission would benefit from their enthusiasm. But the school board’s job is to provide the best possible education for the children for a price the community can afford. Knowingly inflating the cost of a $90 million project poorly serves that objective.

2007 Billboard to Waterbury Officials Considering PLA Policy

Iowa’s Mickelson In The Morning Show Covers PLAs

Jan Mickelson from the Mickelson in the Morning show, Iowa’s most popular daily talk show, discusses Governor Chet Culver’s Executive Order 22, encouraging state agencies to consider project labor agreements (PLAs) on state construction, with Brett McMahon, vice president of Miller & Long, a concrete construction subcontractor, and a member of the Associated Builders and Contractors on his February 26 show.

Mickelson and McMahon root out Gov. Culver real motivation to issue this order – his sagging poll numbers.

The conversation is available online here.

Home Get the Truth About Us Home Sign Up To Get Email Alerts About PLAs Send Us A Tip! Help Us Tell The Truth About This Critical Issue