AGC of America has released a new resource to assist the growing number of AGC members facing owner requirements and preferences for project labor agreements (PLAs).
The association unveiled the Annotated Template Project Labor Agreement on April 10 at an educational session on PLAs during its Annual Convention in Columbus, OH. The annotated template provides sample PLA clauses and commentary that contractors may find useful for reference and a starting point for negotiations, explained Denise Gold, AGC’s Vice President for Corporate & Labor Legal Affairs, at the session. It is not presented as a model or standard agreement, as “no one size PLA fits all projects,” she said. The appropriate PLA terms for a particular project will depend on many factors, such as any applicable legal mandates, owner and party preferences, party bargaining power and relationships, local customs, and local labor supply.
The resource was developed by a task force of AGC members, AGC chapter staff, and AGC Labor and Employment Law Council members representing from various geographic areas and industry sectors, representing both union contractors and open-shop contractors. Task force member Rick Vitarelli, a partner in the law firm Jackson Lewis, co-presented with Gold at the convention session. He and Gold reviewed key provisions of the template, explaining the reasoning behind the terms and the pitfalls that can arise when negotiating over them.
AGC members can access the Annotated Template Project Labor Agreement – and a host of additional PLA resources – in AGC’s online Labor & HR Topical Resources library under the main category “Collective Bargaining” and subcategory “Project Labor Agreements.” AGC-member login is required to access the material.
AGC neither supports nor opposes contractors’ voluntary PLA use but strongly opposes government mandates for PLA use. AGC’s position that government should not compel a contractor to change its lawful labor practices to compete for or perform public work is a longstanding one that has been pursued in an even-handed manner, promoting fair and open competition for both union and open-shop contractors. AGC has actively fought against government orders requiring PLAs as well as those prohibiting PLAs.
For more info, contact Denise Gold at denise.gold@agc.org or (703) 837-5326.