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πŸ“„ Project Labor Agreements (PLAs)

Project Labor Agreements are one of the most debated topics in construction. If you work on large public or private projects, you'll encounter PLAs β€” and understanding how they work determines whether they're an opportunity or a barrier for your company.

Key Principle

A PLA is a project-specific labor agreement, not a permanent union commitment. Even open-shop contractors can work under a PLA without becoming signatory to a union for all their work. Understanding this distinction is the key to navigating PLAs successfully.


What Is a PLA?​

A Project Labor Agreement (also called a Community Workforce Agreement or Stabilization Agreement) is a pre-hire collective bargaining agreement between a project owner, construction unions, and contractors that establishes the terms and conditions of employment for a specific project.

Key Characteristics​

FeatureDetails
ScopeApplies to one specific project only
PartiesProject owner + building trades council + all contractors and subs on the project
DurationLife of the project
CoverageAll workers on the project, regardless of their union status
No-strike clauseUnions agree not to strike for the duration
Dispute resolutionGrievance and arbitration procedures β€” no work stoppages
HiringWorkers sourced through union hiring halls
Wages and benefitsPer the applicable union CBA rates

PLA vs. CBA​

FeaturePLACBA (Collective Bargaining Agreement)
DurationSingle projectMulti-year (3–5 years typically)
ScopeOne project onlyAll work for signatory contractor
CommitmentNo long-term obligationOngoing signatory obligation
HiringThrough hiring hall for this projectThrough hiring hall for all work
After the projectAgreement endsAgreement continues

When PLAs Are Used​

Common PLA Projects​

Project TypeWhy a PLA
Large public infrastructure ($100M+)Schedule certainty, no strikes, workforce coordination
Federal construction (executive order encourages PLAs on $35M+)Biden administration Executive Order 14063
State/local public worksSome jurisdictions mandate or encourage PLAs
Large private projectsOwners seeking schedule certainty and labor peace
Mission-critical facilitiesHospitals, data centers, airports β€” can't afford work stoppages
Multi-trade projectsJurisdictional disputes resolved upfront

Federal PLA Policy​

AdministrationPLA Stance
Obama (2009)Executive Order 13502 β€” encouraged PLAs on federal projects $25M+
Trump (2017)Revoked Obama EO β€” discouraged PLAs
Biden (2022)Executive Order 14063 β€” requires PLAs on federal projects $35M+
FutureMay change with administration
PLA Requirements Shift with Politics

Federal PLA policy swings with each administration. State and local PLA policies also evolve. Always check the current requirements for your specific project and jurisdiction.


How PLAs Work in Practice​

For the Project Owner​

  1. Owner decides to use a PLA (or is required to)
  2. Owner (or their representative) negotiates the PLA with the local Building and Construction Trades Council
  3. PLA is included in the bid documents
  4. All bidders must agree to abide by the PLA
  5. PLA governs all labor relations on the project

For Contractors (Union and Non-Union)​

StepWhat Happens
Bid phasePLA terms are included in bid documents β€” agree to them or don't bid
AwardContractor signs the PLA as a condition of the contract
HiringSource workers through the union hiring hall
Wages/benefitsPay per the applicable union CBA rates
RulesFollow CBA work rules, overtime, holidays, shift provisions
Trust fundsMake fringe benefit contributions to union trust funds
ReportingSubmit trust fund reports and certified payroll
Project endPLA obligations end β€” no ongoing union commitment

Workforce Provisions​

Most PLAs include provisions for the existing workforce of open-shop contractors:

ProvisionTypical Terms
Core employeesOpen-shop contractors can bring a percentage of their own workforce (often 5–7 workers or a percentage)
ReferralCore employees are referred through the hall but given priority dispatch
Union membershipCore employees typically must join the union (or pay equivalent fees) for the project duration
Return to non-unionAfter the project, core employees return to non-union status
Hiring hall dispatchAdditional workers beyond the core crew come from the hiring hall
The Core Employee Provision Is Critical

If you're an open-shop contractor considering a PLA project, negotiate the core employee provision carefully. This determines how many of your experienced workers you can bring versus how many will be dispatched from the hall. The more core employees you can bring, the more control you have over your crew quality.


PLA Pros and Cons​

For Project Owners​

ProsCons
No strikes or lockouts β€” schedule certaintyMay reduce the number of bidders (open-shop firms may not bid)
Single dispute resolution processHigher labor costs in some markets
Jurisdictional disputes resolved upfrontAdministrative overhead
Uniform work rules across all contractorsPotential legal challenges
Workforce development (apprentice requirements)Political controversy
Standardized safety programs

For Union Contractors​

ProsCons
Familiar rules β€” no change from normal operationsMay face more competition from open-shop firms who sign the PLA
Level playing field β€” all contractors pay union ratesPLA terms may differ from your regular CBA
Stable labor supply through the hall
No competition from non-union on wages

For Open-Shop Contractors​

ProsCons
Access to large projects you might otherwise missMust use union hiring hall (less control over workforce)
No long-term union commitmentMust pay union wages and fringes (higher costs)
Core employee provisions protect key workersWorkers may be recruited by the union during the project
Workforce supplementation from the hall when you need more handsTrust fund reporting and admin burden

Should You Bid a PLA Project?​

Consider Bidding If...Consider Passing If...
The project is large enough to justify the learning curveYour competitive advantage is entirely based on lower labor costs
You can bring enough core employees to maintain qualityYou have zero experience with union processes
The PLA has reasonable core employee provisionsThe core employee limit is too restrictive
Your estimating team understands union rates and burdenYou can't or won't comply with hiring hall and trust fund requirements
You want to access the public/institutional market long-termThis is a one-off and the administrative setup cost isn't worth it

Practical Steps​

  1. Read the PLA carefully β€” especially core employee provisions, hiring procedures, and overtime rules
  2. Estimate at union rates β€” use the CBA wage and fringe package for your trades
  3. Factor in trust fund costs β€” monthly reporting and contributions
  4. Budget for higher burden β€” FICA only on base wage (not fringes to plans), but higher base wage
  5. Contact the hiring hall before bidding β€” understand dispatch procedures and workforce availability
  6. Consult a labor attorney β€” especially if this is your first PLA project
  7. Train your project team β€” on union work rules, hiring hall procedures, and trust fund reporting

Managing Trust Fund Obligations​

TaskDetails
RegistrationRegister with each applicable trust fund before starting work
Monthly reportsSubmit hours and contributions by the 15th–20th of each month
PaymentPay contributions with the report β€” late payments trigger penalties
RecordkeepingKeep payroll records for trust fund audit (up to 6 years)
Wind-downAfter the project, finalize all trust fund payments and reporting

Community Workforce Agreements (CWAs)​

A CWA is a variant of a PLA that adds community benefit provisions:

FeatureDetails
Local hire requirementsPercentage of hours to local residents (often 25–50%)
Targeted hireHours for disadvantaged workers, formerly incarcerated, veterans, etc.
Apprentice requirementsMinimum apprentice hours, often exceeding standard ratios
First source hiringLocal workforce programs as the first referral source
Pre-apprenticeshipPathways for community members to enter apprenticeship
MonitoringThird-party compliance monitoring

CWAs are increasingly common on large public projects, especially in urban areas.


Constitutional Issues​

PLAs on public projects have faced legal challenges, but have generally been upheld:

IssueCurrent Status
Federal projectsLegal when authorized by executive order
State/local projectsLegal unless state law prohibits (some states have anti-PLA laws)
Anti-PLA statesSeveral states prohibit PLAs on state-funded projects
Federal preemptionNLRA preempts some state regulation of PLAs

States with Anti-PLA Laws​

Several states restrict or prohibit PLA requirements on public projects:

  • Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Kansas, Louisiana, Michigan, Mississippi, Nebraska, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin