Posted on 09/02/2009 12:07:13 AM PDT by American Dream 246
There has not been a lot of coverage of this. It happened back in July and is only now winding its way through the federal system.
Barack Obama and his administration are about to significantly drive up the costs of federal building construction. This is an astonishing reach. The Office of Management and Budget has directed that any federal construction over $25 million benefit unions.
The order would make all federal construction projects 10-20% more expensive by requiring all contractors to either use union workers or apply inefficient union apprenticeship and work rules to their employees.
Contractors would also be required to make contributions to union pension funds and other union programs that non-union workers will never benefit from.
This will hugely drive up the cost of construction of federal buildings and line the pockets of unions without even having union workers involved in the projects. The Bureau of Labor Statistics shows that only 15.6% of private construction workers in America belong to unions.
In other words, 8 out of 10 construction workers in America will be legally denied the right to work on federal building projects.
This is appalling.
Great news in the midst of a recession, right?
Looks like when the Mafia died out the DNC took over their union contacts.
The Office of Management and Budget has the power to issue such a directive?
Well, he’s got to pay off his buddies right?
Funny how the “most transparent” admin in history has one of the worlds biggest liars at the helm.
Do you believe in this post? I don’t.
If you do, please provide a bill or government directive to support the post from Redstate.
a comment on Redstate:
A little background on this issue.
President Obama signed Executive Order 13502 on Feb. 6. It encourages federal government agencies to attach project labor agreements (PLAs) on federal construction projects over $25 million. The OMB is directing federal construction procurement officers to use PLAs on federal construction projects and the OMB and Labor Secretary Solis are about tomake recommendations to the White House to expand this order to state and local projects receiving federal funding. This will harm state and local budgets that are already in the red.
PLAs discourage - if not eliminate - competition from non-union contractors. 85 percent of the private construction workforce in the U.S. does not belong to a union.
By encouraging PLAs on federal projects, the Administration is orchestrating a massive windfall for labor unions by essentially guaranteeing no-bid contracts to their largest political supporters. This is a severe form of government corruption.
This will apply to applicable projects funded by $140 billion earmarked for construction in ARRA/stimulus money.
Unions use The Rat (remember that story about the inflatable rat ourside a NY church) to harass owners into using a PLA. They also say a PLA is a “solution” to union strikes that occasionally slow down construction projects, therefore PLAs are good public policy and are in the interest of the government and construction users. “Sign this PLA and we give up our right to strike” - sure sounds like blackmail to me.
You can learn more about this at http://www.TheTruthAboutPLAs.com
CNN did a report on this issue and that is on TheTruthAboutPLAs blog homepage. Give it a watch for an overview of this issue.
Everyone should be outraged about this cronyism – it should be brought up every time someone mentions EFCA and unions and government corruption.
http://www.redstate.com/e_pluribus_unum/2009/08/13/unions-cannot-compete-in-free-market/
A labor dispute involving one employer can delay the entire project. A lack of coordination among various employers, or uncertainty about the terms and conditions of employment of various groups of workers, can create frictions and disputes in the absence of an agreed-upon resolution mechanism.The FAR currently requires such "various groups" to coordinate their work and to not unduly delay or obstruct the work of others on the jobs. Obama ignores that FAR requirement and hypothesizes "friction" between unnamed groups (presumably union members refusing to work on sites with non-union workers) and calls for the use of PLAs to preemptively avoid such conflicts, rather than simply requiring the unions to obey existing federal law and regulations.
That is the basis for the OMB to get involved in the regulatory implementation of the will of Obama.
The header (0bama sneaks through...) [and]
The initial sentence of the first paragraph (There has not been a lot of coverage of this)
... gave me pause to question the article.
Call me cynical but these kinds of EO and regulatory shenanigans will also likely be the basis for the federal takeover of medical care. Congress can simply paint a bill with a very broad brush and then the President and the bureaucracies will fill in the deadly details.
We all may have our reasons for opposing another loss of our freedom.
Mine, is freedom.
Why should I (or anyone) be mandated, perhaps under penalty of financial confiscation, to have health insurance?
[re above: I've paid for ALL of my health care]
Not under the constitution. But of course, the Office of Management and Budget can't be found in the constitution either. Aren't these the same libs who spent the last eight years screaming "Haliburton", accusing Bush and Cheney of personally benefiting from gov't contracts? What the hell do they think this is?
I'm convinced that EVERYTHING this administration does is some kind of kickback or payoff. So much for "shovel ready projects". When you add this rule to all the existing rules about women and minorities getting first dibs they are limiting the pool of companies to choose from so severely nothing will ever get done. My husband's company bought a smaller company to use as the lead on a gov't contract because the owner met the contract requirements. He is a hispanic paraplegic. Seriously. This contract requires a company owned by a disabled minority. That is how specific this stuff is.
So Obama makes sure the federal gov't is the largest employer, then makes sure they won't actually be able to hire anyone. Gonna be a lot more people out of work. This is deliberate and it's evil.
I agree. What he can't accomplish legislatively, he can do administratively. This is particularly true because most parts of the administration aren't actually controlled even by the persons put in place by the legislature (when applicable) or appointed in the normal fashion, but by personally designated, unknown individuals loyal to Obama alone.
That's why he can announce there won't be any " public option." Right now, there won't be. He just wants the infrastructure in place, and then he will do the public takeover non-legislatively a couple of months later.
Thank you all. I appreciate the information you provided.
http://edocket.access.gpo.gov/2009/pdf/E9-20305.pdf
http://fdsys.gpo.gov/fdsys/pkg/FR-2009-07-14/html/E9-16619.htm
In accordance with E.O. 13502, this proposed rule amends the FAR to—
Provide a new FAR Subpart 22.5, Use of Project Labor
Agreements for Federal Construction Projects.
Add a new provision at 52.222-XX, Notice of Requirement for Project Labor Agreement, to be included in solicitations where the agency has exercised its discretion to require a project labor agreement as prescribed at FAR 22.505(a).
Add a new clause 52.222-YY, Project Labor Agreement, to be included in contracts in accordance with FAR 22.505(b).
.....
Based on Fiscal Year 2008 data regarding the types of contracts to
which this information collection applies, it is estimated that there
are approximately 300 large-scale construction contracts (including
Architectural and Engineering contracts) exceeding $25 million that
could be subject to an agency determination for use of project labor
agreements. Based on advice of labor advisors, approximately 10 percent
of these types of projects may be deemed appropriate for a project
labor agreement. Therefore, it is estimated the information collection
requirement would apply to approximately 30 large-scale construction
contracts per year. Each contract would require one project labor
agreement submission prior to or after award; therefore, the estimated
number of annual respondents is 30. Project labor agreements are often
negotiated in advance of the solicitation phase for a procurement, as
the large-scale projects are defined. The estimated time for reporting
of this information is 1 hour to cover copying and submitting the
agreement to the Government.
We estimate the total annual public cost burden for these elements
to be $900, based on the following:
Respondents................... 30
Responses/respondent.......... x 1
PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
4. In section 22.101-1 revise paragraph (b)(2) to read as follows:
* * * * *
(b)(1) * * * *
(2) For use of project labor agreements, see Subpart 22.5.
5. Add Subpart 22.5 to Part 22 to read as follows:
Subpart 22.5 Use of Project Labor Agreements for Federal
Construction Projects.
Sec.
22.501 Scope of subpart.
22.502 Definitions.
22.503 Policy.
22.504 General requirements for project labor agreements.
22.505 Solicitation provision and contract clause.1
22.501 Scope of subpart.
This subpart prescribes policies and procedures to implement
Executive Order 13502, February 6, 2009.
22.502 Definitions.
As used in this subpart—
Construction means construction, rehabilitation, alteration,
conversion, extension, repair, or improvement of buildings, highways,
or other real property.
Labor organization means a labor organization as defined in 29
U.S.C. 152(5).
Large-scale construction project means a construction project,
including all contracts associated with the project, where the total
cost to the Federal Government is $25 million or more.
Project labor agreement means a pre-hire collective bargaining
agreement with one or more labor organizations that establishes the
terms and conditions of employment for a specific construction project
and is an agreement described in 29 U.S.C. 158(f).
22.503 Policy.
Project labor agreements are a tool that agencies may use to
promote economy and efficiency in Federal procurement. Pursuant to
Executive Order 13502, agencies are encouraged to consider requiring
the use of project labor agreements in connection with large-scale
construction projects.
22.504 General requirements for project labor agreements.
(a)(1) Agencies may require the use of project labor agreements
where use of such agreements will—
(i) Advance the Federal Government’s interest in achieving economy
and efficiency in Federal procurement, producing labor-management
stability, and ensuring compliance with laws and regulations governing
safety and health, equal employment opportunity, labor and employment
standards, and other matters; and,
(ii) Be consistent with law.
(2) If an agency determines that use of a project labor agreement
will meet the standards set forth in paragraphs (a)(1)(i) and (ii) of
this section, the agency has complete discretion—
[[Page 33956]]
(i) To require that every contractor and subcontractor on the
project agree, for that project, to negotiate or become a party to a
project labor agreement with one or more appropriate labor
organizations; or
(ii) To decide not to require the use of a project labor agreement.
(b) Project labor agreements established under this subpart shall—
(1) Bind all contractors and subcontractors on the construction
project to comply with the project labor agreement;
(2) Allow all contractors and subcontractors to compete for
contracts and subcontracts without regard to whether they are otherwise
parties to collective bargaining agreements;
(3) Contain guarantees against strikes, lockouts, and similar job
disruptions;
(4) Set forth effective, prompt, and mutually binding procedures
for resolving labor disputes arising during the term of the project
labor agreement;
(5) Provide other mechanisms for labor-management cooperation on
matters of mutual interest and concern, including productivity, quality
of work, safety, and health; and
(6) Fully conform to all statutes, regulations, and Executive
orders.
22.505 Solicitation provision and contract clause.
(a)(1) For acquisition of large-scale construction projects, if the
agency makes a determination pursuant to this subpart that a project
labor agreement will be required, the contracting officer shall insert
the provision at 52.222-XX, Notice of Requirement for Project Labor
Agreement, in all solicitations associated with the project.
(2) If an agency allows submission of the project labor agreement
after contract award, the contracting officer shall use the provision
with its Alternate I in accordance with agency procedures.
(b)(1) For acquisition of large-scale construction projects, if the
agency makes a determination pursuant to this subpart that a project
labor agreement will be required, the contracting officer shall insert
the clause at 52.222-YY, Project Labor Agreement in all contracts
associated with the project.
(2) If an agency allows submission of the project labor agreement
after contract award, the contracting officer shall use the clause with
its Alternate I in accordance with agency procedures.
PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
6. In section 36.202 revise paragraph (d) to read as follows:
36.202 Specifications.
* * * * *
(d) For requirements on the use of project labor agreements for
Federal construction projects, see part 22, Subpart 22.5 of this
chapter.
* * * * *
PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
7. Add section 52.222-XX to read as follows:
52.222-XX Notice of Requirement for Project Labor Agreement.
As prescribed in 22.505(a)(1), insert the following provision:
NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (DATE)
(a) Definitions. Labor organization and project labor agreement,
as used in this provision, are defined in the clause of this
solicitation entitled Project Labor Agreement.
(b) Consistent with applicable law, the apparent successful
offeror will be required to execute a project labor agreement with
one or more appropriate labor organizations for the term of the
resulting construction contract.
(c) Any project labor agreement reached pursuant to this
provision shall—
(1) Bind the offeror and all subcontractors on the construction
project to comply with the project labor agreement;
(2) Allow the offeror and all subcontractors to compete for
contracts and subcontracts without regard to whether they are
otherwise parties to collective bargaining agreements;
(3) Contain guarantees against strikes, lockouts, and similar
job disruptions;
(4) Set forth effective, prompt, and mutually binding procedures
for resolving labor disputes arising during the project labor
agreement;
(5) Provide other mechanisms for labor-management cooperation on
matters of mutual interest and concern, including productivity,
quality of work, safety, and health; and
(6) Fully conform to all statutes, regulations, and Executive
orders.
(d) Any project labor agreement reached pursuant to this
provision does not change the terms of this contract or provide for
any price adjustment by the Government.
(e) The Government will not participate in the negotiations of
any project labor agreement.
(f) The apparent successful offeror shall submit to the
Contracting Officer a copy of the project labor agreement—reached
pursuant to this provision prior to contract award.
(End of Provision)
Alternate I (DATE) As prescribed in 22.505(a)(2), substitute the
following paragraph (b) in lieu of paragraphs (b) through (f) of the
basic clause:
(b) Consistent with applicable law, the contractor agrees to
bargain in good faith to a project labor agreement with one or more
appropriate labor organizations for the term of the resulting
construction contract.
8. Add section 52.222-YY to read as follows:
52.222-YY Project Labor Agreement.
As prescribed in 22.505(b)(1), insert the following clause:
PROJECT LABOR AGREEMENT (DATE)
(a) Definitions. As used in this clause—
Labor organization means a labor organization as defined in 29
U.S.C. 152(5).
Project labor agreement means a pre-hire collective bargaining
agreement with one or more labor organizations that establishes the
terms and conditions of employment for a specific construction
project and is an agreement described in 29 U.S.C. 158(f).
(b) The Contractor shall maintain in a current status throughout
the life of the contract the project labor agreement entered into
prior to the award of this contract in accordance with solicitation
provision 52.222-XX, Notice of Requirement for Project Labor
Agreement.
(c) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (c), in all subcontracts.
(End of Clause)
Alternate I (Date). As prescribed in 22.505(b)(2), substitute the
following paragraphs (b) through (g) for paragraphs (b) and (c) of the
basic clause:
(b) Consistent with applicable law, the contractor agrees to
bargain in good faith to a project labor agreement with one or more
appropriate labor organizations for the term of this construction
contract. The contractor shall submit an executed copy of the
project labor agreement to the Contracting Officer.
(c) Any project labor agreement reached pursuant to this clause
shall—
(1) Bind the Contractor and all subcontractors on the
construction project to comply with the project labor agreement;
(2) Allow the Contractor and all subcontractors to compete for
contracts and subcontracts without regard to whether they are
otherwise parties to collective bargaining agreements;
(3) Contain guarantees against strikes, lockouts, and similar
job disruptions;
(4) Set forth effective, prompt, and mutually binding procedures
for resolving labor disputes arising during the project labor
agreement;
(5) Provide other mechanisms for labor-management cooperation on
matters of mutual interest and concern, including productivity,
quality of work, safety, and health; and
(6) Fully conform to all statutes, regulations, and Executive
orders.
(d) Any project labor agreement reached pursuant to this
provision does not change the terms of this contract or provide for
any price adjustment by the Government.
(e) The Government will not participate in the negotiations of
any project labor agreement.
[[Page 33957]]
(f) The Contractor shall maintain in a current status throughout
the life of the contract the project labor agreement entered into
pursuant to this clause.
(g) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (g), in all subcontracts.
(End of Provision)
[FR Doc. E9-16619 Filed 7-10-09; 11:15 am]
BILLING CODE 6820-EP-P
A Comfy chair for ACORN workers at each federally funded construction site over $25mil near you.
There goes his Hispanic vote. Hispanic illegals and contractors will not be happy with Dear Leader’s “sharing the wealth.”
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