The Sound Transit Project Labor Agreement. OSBDLC Welcome to PLA-101 Who; What; Where; When; Why and How of the Sound Transit PLA
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1 The Sound Transit Project Labor Agreement OSBDLC Welcome to PLA-101 Who; What; Where; When; Why and How of the Sound Transit PLA
2 What is a PLA? A Project Labor Agreement (PLA) is a type of contract used in the construction industry to set terms and conditions typically on large projects of long duration and design complexity. ~Economic Policy Institute Briefing Paper #273, August 6, The Sound Transit PLA is embedded into the Labor Compliance Manual thereby making it part of the terms and conditions of the Contract between Sound Transit and its Prime Contractors on all PLA projects.
3 What Do the Following Construction Projects Have in Common? Grand Coulee Dam ( ) Disneyworld ( ) Trans-Alaska Pipeline ( ) Safeco Field ( ) Sound Transit Link Light Rail (2003-Present) They Were ALL Built Under a Project Labor Agreement
4 Why does Sound Transit use a PLA? The Sound Transit Board has determined that the PLA meets its objectives Secure an adequate and reliable supply of skilled workers from all needed crafts Establishes a process for the resolution of grievances and jurisdictional disputes No Strike/No Lockout provides uninterrupted Labor Promotes workforce diversity by setting goals consistent with R99-21 Protection of Labor Standards 1 set of work rules versus 26
5 Where? Sounder Station Construction All Link Light Rail Construction Capital Construction JOC Mukilteo Tukwila Puyallup Lakewood Edmonds Tacoma Dome Central Link U-Link South Link North Link East Link All Capital Construction Contracts utilizing J.O.C. (Job Order Contracting) (Yellow text denotes active contracts)
6 Who is involved? Sound Transit The Owner of the Project, Administrator of the PLA Labor The State and Local Building and Construction Trades Councils and their affiliated Local Unions + the two NCA Unions (the Carpenters and the Operating Engineers) F.A.S.T. Jobs Represents the community in helping to provide construction jobs to residents, and helping to ensure that the workers are treated fairly Contractors Sign onto the PLA via a Letter of Assent
7 Which is Better 26 or 1? Sound Transit Project Labor Agreement
8 Local Union Agreements
9 Sound Transit s Overall Approach To Administering the PLA With Respect for all parties and stakeholders; With openness and transparency With a commitment to listen and understand With the intent to be fair To instill confidence in our stakeholders To achieve its workforce goals and expand the sphere of prosperity
10 Purpose of the PLA The purpose of this PLA is to ensure that all the construction work proceeds continuously, efficiently, economically protection of labor standards, wages and working conditions promote fairness for both union and non-union contractors and craft workers, without discrimination. Article 1, Sound Transit PLA
11 How Sound Transit has Improved the PLA Defined our role as a Gatekeeper
12 The Parties to the PLA Who are the Parties? Sound Transit Labor Contractors (via the signed Letter of Assent) As signatory Parties to the agreement, their roles are clearly defined within the PLA What are the Parties roles
13 The Owner s Role PLA Article 1 Administer the PLA: So projects continue efficiently and economically Resolve disputes at the lowest possible level Maximize use of small, local and minority businesses Workforce that is reflective of the region Enforce compliance
14 Labor s Role Article 3 Represent the interests and welfare of the Workers on the project Comply with the terms and conditions of the PLA Signatory Unions are the sole and exclusive bargaining representatives Union Reps have reasonable access to work site Designate Shop Stewards Fill worker dispatches, subject to PLA provisions
15 Contractor s Role Article 12 Comply with the terms and conditions of the PLA Full and exclusive authority for the management of its operations Direct workforce Select Foremen
16 The Stakeholders of the PLA Community Representatives FAST Jobs Coalition Contractor Representatives AGC Association of General Contractors Other Specialty Crafts Contractor Groups Training Providers Seattle Vocational Institute (SVI) Apprenticeship & Non-Traditional Employment for Women (ANEW) Helmets to Hardhats Pre-Apprenticeship Construction Education (PACE)
17 Joint Administrative Committee Co-Chaired by Sound Transit and Labor Implement and Interpret the PLA Encourages open communication between the participants to advance Safety, efficiency and Quality on the projects Promote Harmonious relations on the Project Comprised of Sound Transit, Labor, Contractor and FAST Jobs Amends the PLA Meets Monthly or upon call from Co-Chairs
18 EDUCATION/TRAINING What Training do we provide When does it take place PLA 101, PLA Compliance Pre-Bid, Pre-Construction, Pre-Job, or On Demand What is the process Educating any of the Parties or Stakeholders as to the terms and conditions of the PLA Topics Who provides the education/training Who is it directed towards PLA history, PLA roles and responsibilities, PLA terms and Conditions, **Everything you needed to know, but were afraid to ask** Sound Transit OSBDLC PLA Team members Anyone who needs or wants further education on the PLA
19 TECHNICAL SUPPORT What support do we offer Who provides the technical support Do we train others to also provide technical support What is the process When does it take place How long does it last PLA issue consulting & problem solving Any member of the OSBDLC-PLA Team Yes we can assist in training others. Notification Assessment - Resolution As issues arise (as soon as practical) From Pre-Bid to Closeout
20 HOW DO WE GET THE MESSAGE OUT / / Partnering Workshop Pre-Bid Meetings Pre-Construction Meetings Pre-job meetings Construction Meetings Periodic refreshers; We are a resource, ask questions
21 PLA DIVERSITY AND WORKFORCE GOALS What are the goals 33% of total project hours performed by women and people of color (21% People of color 12% women) 20% Apprenticeship utilization Women and people of color to perform 33% of all apprenticeship hours. 20% of the apprenticeship utilization shall be Preferred Entry Apprentices How were they set Goals were set by negotiation between Sound Transit and Labor Are they mandatory or aspirational Who is responsible for meeting the goals What has been the results so far What is Sound Transit doing to ensure compliance PLA Goals are aspirational in nature Contractors, Labor, FAST and Sound Transit all work together through the Joint Administrative Committee to assist the contractor in achieving the project goals 14.3% Apprenticeship Utilization Diversity goals of: 27.2% People of Color 7.3% women Through monthly review at the JAC, the JAC participants (including Sound Transit), hold the contractor responsible for compliance
22 Pre-Intervention Assistance Facilitation Dispute Resolution Collaborative Problem Solving
23 Intervention How does Sound Transit Intervene At the lowest possible level, Sound Transit will step in to assist the parties in reaching resolution to the issues When does Sound Transit Intervene As soon as it is clear that the parties involved in the dispute or issue are not progressing towards resolution Define which violations would cause ST to intervene Whenever there are egregious violations, Sound Transit will become directly involved and will enforce compliance. What does intervention look like Intervention can be as simple as a phone call to a party, or as complex as a full blown investigation followed by a written corrective action plan What is the process and who is involved The process and participants are dependent on the situation at hand, but we always strive to resolve issues at the lowest possible level
24 Enforcement What tools do we have to enforce PLA violations Who implements these enforcement tools Notice of Non-Compliance (from the RE), compliance investigation with contractor paying costs if found non-compliant, Withholding in whole or in part payments; recommendation of debarment. Sound Transit OSBDLC and RE Notice of Non-Compliance Written notice of non-compliance to terms and conditions of the PLA; opportunity to cure. Investigation What happens with repeat offenders If an investigation shows non-compliance, the costs associated to investigation can be assessed to the Contractor The enforcement tools can become more stringent as a contractor becomes recalcitrant Monetary penalties? Payments can be withheld in whole or in part Supplemental bidder criteria A new tool that allows ST to determine whether a bidder is a responsible Bidder. What is the role of the JAC The JAC serves in an advisory capacity, to assist the parties in their implementation and interpretation of the PLA
25 Amendments to the PLA The role of the JAC The JAC is the only body that can amend the terms of the PLA. The JAC is divided into two caucuses: The Labor Caucus and the Management Caucus ST Co-chairs with Labor Make-up of the Labor Caucus Labor Unions signatory to the PLA Make-up of the Management Caucus Sound Transit Contractors FAST Jobs What is the amendment process Either caucus can present a proposal to amend the PLA, Both Caucuses must agree to amend the PLA. Management caucus decisions are decided by consensus. How many amendments have there been? To date, ten amendments (in six packages), have taken place
26 Review Time
27 QUESTION #1 What is a Project Labor Agreement?
28 ANSWER
29 Question # 2 Who Are the Parties To a PLA?
30 Answer Owner (Sound Transit) Labor Contractors Through a Letter of Assent
31 Question # 3 Who Administers the PLA?
32 Answer Sound Transit
33 Question # 4 Do You Have To Join the Union If You Sign Onto Sound Transit s Project Labor Agreement?
34 Answer No. The Sound Transit PLA allows Union and Non-Union Contractors work on its projects.
35 Questions and Answers
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