The National Labor Relations Act provides construction contractors and
employees with the right to choose whether they want to unionize or not to
unionize. The Majority of construction contractors and their employees have
choosen to not unionize. A project labor agreement would require all contractors,
whether they are unionized or not, to have a union for their employees in order to
work on a government-funded construction contract. Construction companies
would have to have a union collective bargaining agreement in place in order to
receive a federally funded construction contract. Thus forcing a construction
contractor to sign an agreement and thus establishing placing their employees
under union control. These PLAs are in direct violation of Right to Work laws,
such as in the State of Florida, where employees who wish to work non-union are
now locked out of the working on these contract(s) Where an employee is
guaranteed the right to work any place without being a member of a union. Also
PLAs do not provide cost savings. These type of contracts result in cost overruns
with higher overall construction costs. This is not good stewardship of the
taxpayers dollars. This also limit competition by locking out qualified non-union
contractors who might otherwise provide a lower-cost/price proposal/bids.
If the FAR Counsel elects to incorpoate this provision into the FAR then it should
be an OPTIONAL clause.
Comment on FR Doc # E9-16619
This is comment on Proposed Rule
Federal Acquisition Regulation; FAR Case 2009-005, Use of Project Labor Agreements for Federal Construction Projects
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