Subdivision 13. Project Labor Agreements

The County Council recognizes that Project Labor Agreements are craft labor agreements, authorized under federal labor law in accordance with 29 U.S.C. § 158(f), and executed by project contractors and local labor organizations in the building trades, and typically used on large construction projects to establish uniform terms and conditions of employment for the project workforce; and

The County Council further recognizes that Project Labor Agreements are authorized by law as a result of a judicial decision from the United States Supreme Court in the case of Building and Construction Trades Council of the Metropolitan District v. Associated Builders of Contractors of Massachusetts/Rhode Island, Inc., 507 U.S. 218 (1993);

The County Council finds that Prince George's County has a compelling interest in ensuring that County contracts for the construction of County facilities and roads are completed in accordance with project schedules, with the highest degree of quality, and in a cost-effective manner; and

The County Council finds that construction projects present particularly difficult challenges in terms of ensuring timely, cost-effective project delivery and require large numbers of well-trained, highly skilled construction craft personnel in various specific trades and crafts, and successful project delivery can be more effectively promoted by adopting measures that ensure that such projects are properly staffed with adequate numbers of craft workers adequately trained in the respective construction crafts; and

The County Council finds that Project Labor Agreements provide a reliable means for ensuring that construction projects will be adequately staffed with sufficient numbers of highly skilled and properly trained craft personnel and, therefore, such agreements promote the efficient, economical and safe completion of such contracts, and that for this reason alone, the County has a sufficient compelling interest in allowing the use of Project Labor Agreements for construction projects to protect its investments and proprietary interests in such projects; and

The County Council finds that Project Labor Agreements further promote timely, successful project delivery by including legally enforceable guarantees against labor strikes and employer lockouts and also provide procedures to ensure the peaceful, efficient and orderly resolution of labor-management disputes or other disputes or potential disruptions that could otherwise interfere with the execution of construction projects; and

The County Council finds that Project Labor Agreements have a long and extensive history of effectively protecting and promoting the financial investments and proprietary interests of both public and private project owners in the planning, execution and management of major capital facility projects, and have a proven track record of being an effective tool for these purposes; and

The County Council finds that Project Labor Agreements also provide a reliable means for ensuring that construction craft personnel employed on projects are paid appropriate wages as required by law, receive essential construction safety training and are covered by applicable unemployment and workers compensation laws;

The County Council finds that Project Labor Agreements facilitate employment opportunities and apprenticeship and other skill training opportunities for local workers and County residents by utilizing local union training centers, hiring halls and referral systems, which allow more Prince George's County residents to participate in County-funded projects; and

Due to the tough economic times, the County Council finds that unemployment and underemployment are significant challenges in Prince George's County and in an effort to put more Prince George's County residents to work, the County seeks to promote meaningful employment and skill training opportunities for its residents through the use of Project Labor Agreements on construction projects.

All solicitations, including invitations for bids and requests for proposals, issued for construction projects by the County that have an estimated dollar value of Thirty-Five Million Dollars ($35,000,000) or more shall include a clause that requires the execution and use of a Project Labor Agreement, as defined herein:

A Project Labor Agreement shall:

Exemptions. Exemptions to a Project Labor Agreement may be granted if the Purchasing Agent and the Project Labor Agreement Coordinating Committee jointly determine that:

There shall be a Project Labor Agreement Coordinating Committee comprised of 10 representatives:

The Committee shall oversee the development of Project Labor Agreements in the County and assist in their administration in a manner that promotes the timely, cost-effective delivery of affected projects and affords maximum employment and training opportunities for residents of Prince George's County. The Committee shall serve as the central forum to exchange information and ideas and to advise the County Executive and Council concerning operation and results of objectives of all Project Labor Agreements in the County.

The Committee shall meet at the call of the Chairperson of the Committee as frequently as required to perform its duties to discuss progress of work, projections, and issues on a current project. A majority of the members of the Committee shall constitute a quorum for the transaction of business. A majority of those present at any meeting shall be sufficient for any official action taken by the Committee. The Committee must approve by a vote of the majority of members present, all project labor agreements to go before the County Executive for approval before they become effective.

The Committee shall submit an annual report to the County Executive and the Council summarizing its activities, needs, recommendations, and the degree to which the goals of the Committee are being met.

The County Council finds that the County manages and oversees a significant capital construction budget and is committed to ensuring that capital construction funding helps create high quality careers in construction for Prince George's County residents, including women, all ethnics groups within its population, veterans, returning citizens, and residents with social and economic disadvantages.

The County Council finds that the County is one of the nation's most economically affluent counties with a majority African American population, but that significant segments of its population face economic, educational and career development obstacles.

The County Council finds 8.8 percent of County residents were unemployed in 2021; that approximately 78,000 county residents currently live in poverty, two-thirds of whom are African-American; and that approximately 30 percent of County high school graduates do not attend college.

The County Council finds that the County has the highest unemployment rate in the Washington Metropolitan Statistical Area, demonstrating the need for the creation of economic opportunities and career pathways for historically disadvantaged and under-represented people as a foundation of the county's continued development.

The County Council finds that project labor agreements, as outlined in Sec. 10A-157 Declaration of findings and policy, are strategic vehicles for addressing the legitimate needs and interests of underserved populations that historically have been excluded from the benefits of economic and career path development.

The County Council finds that project labor agreements are an effective tool for promoting access to construction career opportunities for members of targeted communities and populations and help strengthen community-labor partnerships by establishing enforceable labor standards through collective bargaining that protect job quality.

The County Council recognizes that well-trained workers earning family-supporting wages with employer-sponsored health insurance and retirement plans contribute to the economic prosperity of the county and reduce the need for county-provided safety net services.

The County Council finds that local and state governments across the country have successfully leveraged tax dollars to uplift citizens in their respective districts through the use of project labor agreements.

The County Council finds that project labor agreements have been underused by the County, and that a pilot project labor agreement targeting on construction projects that create entry-level positions for residents is both necessary and desirable.

Department of Prince George's County Department of Public Works and Transportation CIP 4.66.0002 Curb and Road and Rehabilitation 2 projects shall require, as part of a solicitation for a construction contract, that every contractor and subcontractor that will engage in the construction project agree to negotiate or become a party to a project labor agreement, for that project, with one or more labor organizations if:

A project labor agreement agreed to pursuant to subsection (a) of this section shall:

The Director of the Prince George's County Department of Public Works and Transportation, with mutual concurrence of the Purchasing Agent, may waive the requirement for contractors or subcontractors to negotiate or enter into a project labor agreement for construction projects under CIP 4.66.0002 Curb and Road and Rehabilitation 2, if: