Construction Careers Policy and Project Labor Agreement. AC Transit s Bus Rapid Transit Project. February 23, 2014

Transcription

1 Construction Careers Policy and Project Labor Agreement AC Transit s Bus Rapid Transit Project San Francisco, CA Palm Springs, CA

2 AC Transit s Bus Rapid Transit Project 9.5 mile arterial corridor through cities of Oakland and San Leandro, CA BRT service will feature 5-minute headways, light-rail-like bus stations with ADA-compliant passenger amenities, prioritized traffic signals, dedicated bus lanes, and improved lighting and pedestrian facilities Approximately $95 million cost of construction Partially funded by FTA

3 Construction Careers Policy and Project Labor Agreement Construction Careers Policy and Project Labor Agreement adopted by AC Transit Board of Directors in October 2013 Documents affect key workforce issues in construction of the BRT Project Both PLA and Policy will become part of the bid specs for construction contracts Submitted to FTA for advance review

4 Construction Careers Policy Main Provisions Project-wide requirement that 25% of construction apprentice hours be performed by Disadvantaged Workers Requirement of compliance with U.S. Executive Order 11246: 25.6% minority and 6.9% female goals (proportion of work hours for each contractor) Voluntary local hiring goal

5 Disadvantaged Workers Disadvantaged Worker means an individual who, prior to commencing work on the Project, is domiciled in an Economically Disadvantaged Area and faces at least two of the following barriers to employment: (1) being homeless; (2) being a custodial single parent; (3) receiving public assistance; (4) having a criminal record or other Criminal Justice System Involvement (as defined in the Construction Careers Policy); (5) suffering from Chronic Unemployment; (6) emancipated from the foster care system; or (7) being a veteran of the U.S. military.

6 Executive Order Prohibits discrimination by contractors on federally-funded projects Covers race, gender, national origin, and other types of discrimination Enforced by the U.S. Office of Federal Contract Compliance Programs (OFCCP) Regs for construction jobs: 41 C.F.R (possible reg reform) Technical Assistance Guide for Construction Contractors: Enforcement challenges

7 Voluntary Local Employment Goal Each Prime Contractor and its C/S/Es are encouraged to attempt to employ Local Residents for at least 50% of all hours of Project Work, on a craft by craft basis, through procedures including requests for Local Residents from union hiring halls and Alternative Referral Sources. Failure to satisfy this voluntary 50% goal shall not be considered a violation of this Policy.

8 Construction Careers Policy Also contains provisions regarding: Incorporation into relevant contracts Clear safety valves for contractors who have trouble finding targeted workers Monitoring and compliance mechanisms (including liquidated damages)

9 Project Labor Agreement - Basic bargain District agrees that (almost) all construction work on the project will be performed under terms of local building trade unions collective bargaining agreements Local building trade unions agree not to delay the project through strikes, etc. Building trade unions agree to allow hiring outside the hiring halls in order to facilitate contractor compliance with targeted hiring requirements (including reqs)

10 Project Labor Agreement Steps to Application PLA is negotiated by AC Transit and local building trades unions Approved by AC Transit Board of Directors, then executed by all parties PLA is incorporated into bid specs and prime contracts Contractors at all tiers are required to execute a Letter of Assent to terms of the PLA

11 Project Labor Agreement Key Terms no strike / no lockout applies to all subcontracts except for subcontracts below $500K that are awarded to DBEs nonunion contractors may participate by complying with PLA terms, and drawing workers from hiring halls beyond core workforce facilitation of targeted hire

12 Project Labor Agreement Targeted Hire Biggest barrier to targeted hire in many projects: typical CBA provides that contractor will get all new hires from the hiring hall except for name calls ; specified order for hiring hall referrals Bus Rapid Transit PLA: allows contractors to request workers by targeted category: female and minority worker categories under E.O , and to the Disadvantaged Worker category under the Construction Careers Policy if hiring hall doesn t refer targeted worker within 48 hours, contractor can obtain targeted worker from an alternative source PLA overrides conflicting terms of collective bargaining agreements: Where a subject covered by the provisions of this Agreement is also covered by a MLA, the provisions of this Agreement shall prevail.

13 Summary BRT Construction Careers Policy BRT Project Labor Agreement targeting disadvantaged workers and E.O categories no local employment requirements built stakeholder support submitted to FTA in advance of preparation of bid specs