The Truth About Project Labor Agreements

Today the U.S. House of Representatives is considering the Homeland Security Appropriations Act for 2012 (H.R. 2017). Representative Steve Scalise (R-La.) is offering an amendment (#67) to the bill that would restore fair and open competition on federal construction projects funded by this appropriations bill by prohibiting funds from implementing or enforcing President Obama’s pro-project labor agreement (PLA) Executive Order 13502 and related regulations on federal construction. Here is lthe amendment’s language:

“…None of the funds made available by this Act may be used to implement or enforce Executive Order 13502, the FAR Council supporting regulations FAR Rule 2009-005, or any agency memorandum, bulletin, or contracting
policy that derives its authority from Executive Order 13502 or FAR Rule
2009-005.”

The amendment prevents procurement officials from wasting time and energy complying with the FAR Council regulations and insulates them from pressure by special interests and political appointees to mandate PLAs when they are not necessary.  In compliance with existing federal law under the National Labor Relations Act, the adoption of this amendment allows contractors to voluntarily enter into a PLA if they believe it will help them deliver the best construction at the best price. The amendment simply restricts government-mandated PLAs, which are different then PLAs voluntarily entered into by contractors.

Read a transcript of the House floor debate on this amendment on page 24 here (pdf).

TAKE ACTION and tell your representative to support the Scalise Amendment and end government mandated PLAs today!

The Scalise amendment is supported by a diverse coalition of construciton industry and employer groups:

Associated Builders and Contractors (ABC)
Associated General Contractors (AGC)
Construction Industry Round Table (CIRT)
Independent Electrical Contractors (IEC)
Merit Elevator Contractors Association of America (MECAA)
National Association of Government Contractors (NAGC)
National Association of Minority Contractors (NAMC) Philadelphia Chapter
National Association of Women in Construction (NAWIC)
National Black Chamber of Commerce (NBCC)
National Federation of Independent Business (NFIB)
National Ready Mixed Concrete Association (NRMCA)
National Utility Contractors Association (NUCA)
Small Business & Entrepreneurship Council (SBEC)
U.S. Chamber of Commerce
Women Construction Owners & Executives, USA (WCOE, USA)

UPDATE: Unfortunately, the Scalise amendment failed 207-213 (see official Roll Call vote #396 here). Rep. Dan Boren (Okla.) was the lone Democrat joining 206 other GOP members in support of the Scalise amendment.  Votes against fair and open competition on federal construction projects funded by H.R. 2017 were cast by 185 Democrats and 28 GOP members.

The 28 GOP members that voted for waste and favoritism were:

1. Biggert (IL-13)
2. Diaz-Balart (FL-21)
3. Dold (IL-10)
4. Emerson, J. (MO-08)
5. Grimm (NY-13)
6. Johnson, Timothy (IL-15)
7. Jones (NC-03)
8. King, P. (NY-03)
9. Lance (NJ-07)
10. LaTourette (OH-14)
11. LoBiondo (NJ-02)
12. McCotter (MI-11)
13. McKinley (WV-01)
14. Murphy, T. (PA-18)
15. Petri (WI-06)
16. Reichert (WA-08)
17. Ros-Lehtinen (FL-18)
18. Roskam (IL-06)
19. Runyan (NJ-03)
20. Schmidt (OH-02)
21. Schock (IL-18)
22. Shimkus (IL-19)
23. Smith, C. (NJ-04)
24. Turner, M. (OH-03)
25. Upton (MI-06)
26. Walsh (IL-08)
27. Whitfield (KY-01)
28. Young, D. (AK-AL)

Seven Democrats and the following GOP members did not cast a vote:

1. Chaffetz (UT)
2. Frelinghuysen (NJ)
3. Lankford (OK)
4. Manzullo (IL)
5. Myrick (NC)

TheTruthAboutPLAs.com readers might recall that a similar amendment, offered by Rep. Frank Guinta (NH) to H.R. 1, failed in a tie vote 210-210 earlier this year (learn more here).

It is interesting to note the voting patterns of some House members when it comes to legislation related to government-mandated PLAs. The following GOP members opposed the Guinta amendment to H.R. 1 but supported the Scalise amendment to H.R. 2017:

1. Alexander, R. (LA)
2. Hultgren (IL)
3. Miller, Candice (MI)
4. Ryan, Paul (WI)
5. Schilling, B. (IL)

However, the following GOP members supported the Guinta amendment but opposed the Scalise amendment:

1. Biggert (IL)
2. Dold (IL)
3. Grimm (NY)
4. Jones (NC)
5. Roskam (IL)
6. Runyan (NJ)
7. Upton (MI)

Contact your member of congress and educate them about government-mandated PLAs. Let them know how you feel about their vote on the Scalise amendment.