[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Presidential Documents]
[Pages 6985-6987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3113]
Presidential Documents
Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 /
Presidential Documents
[[Page 6985]]
Executive Order 13502 of February 6, 2009
Use of Project Labor Agreements for Federal
Construction Projects
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and
in order to promote the efficient administration and
completion of Federal construction projects, it is
hereby ordered that:
Section 1. Policy. (a) Large-scale construction
projects pose special challenges to efficient and
timely procurement by the Federal Government.
Construction employers typically do not have a
permanent workforce, which makes it difficult for them
to predict labor costs when bidding on contracts and to
ensure a steady supply of labor on contracts being
performed. Challenges also arise due to the fact that
construction projects typically involve multiple
employers at a single location. A labor dispute
involving one employer can delay the entire project. A
lack of coordination among various employers, or
uncertainty about the terms and conditions of
employment of various groups of workers, can create
frictions and disputes in the absence of an agreed-upon
resolution mechanism. These problems threaten the
efficient and timely completion of construction
projects undertaken by Federal contractors. On larger
projects, which are generally more complex and of
longer duration, these problems tend to be more
pronounced.
(b) The use of a project labor agreement may
prevent these problems from developing by providing
structure and stability to large-scale construction
projects, thereby promoting the efficient and
expeditious completion of Federal construction
contracts. Accordingly, it is the policy of the Federal
Government to encourage executive agencies to consider
requiring the use of project labor agreements in
connection with large-scale construction projects in
order to promote economy and efficiency in Federal
procurement.
Sec. 2. Definitions.
(a) The term ``labor organization'' as used in this
order means a labor organization as defined in 29
U.S.C. 152(5).
(b) The term ``construction'' as used in this order
means construction, rehabilitation, alteration,
conversion, extension, repair, or improvement of
buildings, highways, or other real property.
(c) The term ``large-scale construction project''
as used in this order means a construction project
where the total cost to the Federal Government is $25
million or more.
(d) The term ``executive agency'' as used in this
order has the same meaning as in 5 U.S.C. 105, but
excludes the Government Accountability Office.
(e) The term ``project labor agreement'' as used in
this order means a pre-hire collective bargaining
agreement with one or more labor organizations that
establishes the terms and conditions of employment for
a specific construction project and is an agreement
described in 29 U.S.C. 158(f).
Sec. 3. (a) In awarding any contract in connection with
a large-scale construction project, or obligating funds
pursuant to such a contract, executive agencies may, on
a project-by-project basis, require the use of a
project labor agreement by a contractor where use of
such an agreement will (i)
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advance the Federal Government's interest in achieving
economy and efficiency in Federal procurement,
producing labor-management stability, and ensuring
compliance with laws and regulations governing safety
and health, equal employment opportunity, labor and
employment standards, and other matters, and (ii) be
consistent with law.
(b) If an executive agency determines under
subsection (a) that the use of a project labor
agreement will satisfy the criteria in clauses (i) and
(ii) of that subsection, the agency may, if
appropriate, require that every contractor or
subcontractor on the project agree, for that project,
to negotiate or become a party to a project labor
agreement with one or more appropriate labor
organizations.
Sec. 4. Any project labor agreement reached pursuant to
this order shall:
(a) bind all contractors and subcontractors on the
Construction project through the inclusion of
appropriate specifications in all relevant solicitation
provisions and contract documents;
(b) allow all contractors and subcontractors to
compete for contracts and subcontracts without regard
to whether they are otherwise parties to collective
bargaining agreements;
(c) contain guarantees against strikes, lockouts,
and similar job disruptions;
(d) set forth effective, prompt, and mutually
binding procedures for resolving labor disputes arising
during the project labor agreement;
(e) provide other mechanisms for labor-management
cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and
health;and
(f) fully conform to all statutes, regulations, and
Executive Orders.
Sec. 5. This order does not require an executive agency
to use a project labor agreement on any construction
project, nor does it preclude the use of a project
labor agreement in circumstances not covered by this
order, including leasehold arrangements and projects
receiving Federal financial assistance. This order also
does not require contractors or subcontractors to enter
into a project labor agreement with any particular
labor organization.
Sec. 6. Within 120 days of the date of this order, the
Federal Acquisition Regulatory Council (FAR Council),
to the extent permitted by law, shall take whatever
action is required to amend the Federal Acquisition
Regulation to implement the provisions of this order.
Sec. 7. The Director of OMB, in consultation with the
Secretary of Labor and with other officials as
appropriate, shall provide the President within 180
days of this order, recommendations about whether
broader use of project labor agreements, with respect
to both construction projects undertaken under Federal
contracts and construction projects receiving Federal
financial assistance, would help to promote the
economical, efficient, and timely completion of such
projects.
Sec. 8. Revocation of Prior Orders, Rules, and
Regulations. Executive Order 13202 of February 17,
2001, and Executive Order 13208 of April 6, 2001, are
revoked. The heads of executive agencies shall, to the
extent permitted by law, revoke expeditiously any
orders, rules, or regulations implementing Executive
Orders 13202 and 13208.
Sec. 9. Severability. If any provision of this order,
or the application of such provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of the provisions of
such to any person or circumstance shall not be
affected thereby.
Sec. 10. General. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the
head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
[[Page 6987]]
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
Sec. 11. Effective Date. This order shall be effective
immediately and shall apply to all solicitations for
contracts issued on or after the effective date of the
action taken by the FAR Council under section 6 of this
order.
(Presidential Sig.)
THE WHITE HOUSE,
February 6, 2009.
[FR Doc. E9-3113
Filed 2-10-09; 1:00 pm]
Billing code 3195-W9-P