EXECUTIVE
ORDER EO 96-08
PROJECT LABOR AGREEMENTS
WHEREAS, Washington State has a
compelling interest in awarding public works contracts in such a manner as to
yield the lowest reasonable costs and the highest standard of quality and
efficiency on the job; and
WHEREAS, project labor
agreements which meet the necessary criteria are consistent with statutory
competitive bidding requirements for state agencies; and
WHEREAS, project labor
agreements are of great potential economic benefit for appropriate and time
sensitive major construction projects which will extend for a substantial
period of time, involve a substantial number of contractors, subcontractors and
trades and craft workers, and have a substantial dollar value; and
WHEREAS, in appropriate circumstances, project
labor agreements can facilitate the timely and efficient completion of such
projects by making available a ready, reliable and adequate supply of highly
trained and skilled craft workers, permitting public and private owners and
contractors to accurately determine project labor costs at the outset and to
establish working conditions for the duration of the project, as well as
provide a negotiated commitment as a legally enforceable means of assuring
labor stability and avoiding disruptions such as strikes, lockouts or slowdowns
over the life of the project; and
WHEREAS, the potential benefits
of any proposed project labor agreement must be carefully considered with
respect to the effect such an agreement may have on competitive bidding, project
costs and the State's policy to advance women- and minority-owned
businesses; and
WHEREAS, the use of project
labor agreements should be considered only in those limited circumstances when
such an agreement clearly benefits the interests of the State from a st
efficiency, quality, safety and timeliness standpoint.
NOW THEREFORE, I, Mike Lowry, Governor of the State of
Washington, by virtue of the authority vested in me, do hereby direct:
1. All
State Offices, Departments, Divisions, Bureaus, Boards, Commissions or other
State Agencies should consider project labor agreements for appropriate public
works projects which meet the criteria established in this Order.
2. The
decision to use such agreements shall be considered with respect to the
important public policies favoring open competitive bidding and advancement of
women and minority-owned businesses.
3. The
decision to use a project labor agreement shall be made on a project-by-project
basis, and only where such an agreement will promote labor stability and
advance the State's interest in cost, efficiency, quality, safety and
timeliness. In making the decision whether to use a project labor agreement,
the following factors shall be Considered:
(a) the potential for labor disruptions,
such as strikes, lockouts, or slowdowns which could affect completion of the
project;
(b) the number of trades and crafts
anticipated to be used on the project;
(c) the need and urgency of the project and
the harm to the public if completion of the project is delayed;
(d) the size and complexity of the project
and the time needed for completion; and
(e) the benefits to the public from the use
of a project labor agreement relative to cost, efficiency, quality, safety and
timeliness.
4. The
decision to use a project labor agreement in connection with a public works
project by a State Office, Department, Division, Bureau, Board, Commission or
other State Agency shall be made prior to selecting the method of contracting
for the project and shall be supported by written findings which clearly
demonstrate how the use of a project labor agreement will benefit the project
and the interests of the public and the State from a cost, efficiency, quality,
safety and timeliness standpoint. The fact that a project labor agreement will
be used shall be set forth in the advertisement for bids issued for the
project.
5. In
accordance with this Order, any project labor agreement shall:
(a) designate a general contractor, project
manager or similar construction firm or consultant which is experienced in the
negotiation and administration of project labor agreements to manage and
oversee the construction of the project-including the development and
implementation of a labor relations policy for the project;
(b) contain guarantees against strikes,
lockouts, slowdowns or other similar action;
(c) set forth effective, immediate and
mutually binding procedures for resolving jurisdictional and labor disputes
arising before the completion of the work;
(d) be made binding on all contractors and subcontractors
on the project through the inclusion of appropriate bid specifications in all
relevant bid documents;
(e) be open to competition for work to be
performed and materials to be supplied to all union and non-union
contractors, subcontractors, and material suppliers who are willing to abide by
the terms of the project labor agreement;
(f) prohibit discrimination in job
referrals as required by federal and state law; and
(g) in no way limit or define conditions of
work performed pursuant to Title 72 RCW.
This Order does not require the use of a project
labor agreement or promote the selection of any particular union, trade council
or labor organization.
This Order shall take effect immediately.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 6th day of
December A.D., Nineteen hundred and ninety-six.
MIKE LOWRY
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State
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