|Please find attached an AGC of America memo on the new government-mandated PLA executive order (EO). Rest assured, AGC of America will rigorously explore every possibly avenue—including legal options—to push back against this E.O.
Over the course of several years and in preparation for this EO, AGC of America engaged in a Construction Advocacy Fund-financed lawsuit to obtain data on federal agencies’ use of government-mandated PLAs under the Obama-Biden Administration and its 2009 PLA EO. There the association uncovered a host of data relating to the U.S. Department of Defense construction agencies (the Army Corps and Naval Facilities Engineering Command)—which perform the lion’s share of federal construction. That data revealed among other things:
· Career contacting officials REJECTED PLA mandates for construction projects 99.4% of the time, citing, among other things, that PLA-mandates: would not improve the economy or efficiency of the procurement; were not necessary to avert labor unrest; or were not necessary to mitigate risk of labor shortages.
I strongly encourage all to review our analysis of the data, found HERE. This analysis could also be helpful in your own state/local efforts relating to government-mandated PLAs. It will clearly be helpful in any regulatory/legislative/legal avenues we consider on this EO.
Regarding AGC resources/policies on government-mandated PLAs, please see below:
· AGC of America’s Website on its Opposition to Government-Mandated Project Labor Agreements
· AGC Guidebook: Government Mandated Labor Agreements in Public Construction: Their History and Factors to Consider
· How Government Mandates for Project Labor Agreements Hurt Union Contractors
· How Government Mandates for Project Labor Agreements Hurt Open-Shop Contractors
More information to come,