Government mandated union-only project labor agreements (PLAs) can be costly to local workers, minorities and women, small and local contractors, and taxpayers. Policy makers should take special care to understand the mandates of the union-only PLA and the impact on workers, contractors, taxpayers and the government. These questions and related analyses are designed to help policy makers and the public evaluate the true impact of a union-only PLA.

Q: What is the public purpose of a union-only PLA and how has it been demonstrated to meet the public purpose?

Arguments are often presented as solutions where no problems exist, such as work stoppages, or no evidence is presented showing a union-only PLA is the solution to a public objective, such as quality construction.

Q: What are the terms and conditions of all the collective bargaining agreements covered by the union-only PLA and have they been published for public and contractor review before bidding?

While a union-only PLA can address some issues of operation, each of the unions involved have separate collective bargaining agreements (CBA) and often varying conditions, depending on the employer. Find out which CBA for each union is controlling and assure each is an addendum to the union-only PLA being proposed, so all rules and conditions are fully disclosed to the public and policy makers.

Q:How many construction workers are in the state or locality and how many are union? If it isn’t a majority union, how will local workers be hurt?

Nationally, construction unions represent less than 14 percent of all construction workers, and unions represent a minority of workers in every state. Looking at the financial reports (Form LM-2) filed with U.S. Department of Labor of each of the unions involved in a union-only PLA will provide the actual number of active members. Go to: www.union-reports.dol.gov

Q:What percentage of the union workforce is minority compared to the industry averages?

According to the Bureau of Labor Statistics, about 9 percent of the construction workforce is made up of African Americans and 30 percent by those of Latinos or Hispanic descent.

Q: Is a union-only PLA legal under the public procurement code for open competition?

Local and state laws can specify open competition requirements that assure all contractors and their workers are given an opportunity to bid.  Many union-only PLAs have been overturned because of such ordinances.

Q: Have substantial economic data been presented that demonstrates the union-only PLA will be more cost effective than open competition where union affiliation is not a condition to work?

The overwhelming conclusion of academic studies is that union-only PLAs are more costly.

Q:What analytical data have been presented show a union-only PLA contributes to quality or safe construction?

OSHA national statistics show union workers have a higher fatality rate.  Little to no analytical data support claims of quality construction under union-only PLAs.

Q: Have actual market wage data been compared to union wages?

Market wage data for construction crafts are available by state from the Bureau of Labor Statistics and state workforce agencies at: http://www.bls.gov/oes/current/oessrcst.htm.

Q: What data has been presented demonstrating that work stoppages or disruptions are a problem in the state or region except where illegal picketing may have occured?

Work stoppages are a very limited problem in construction, and disruptions are limited to cases where illegal picketing occurs by union organized activity.

Q: Who exactly can a nonunion contractor keep on the payroll during the union-only PLA project? Management only? Craft Professionals?

Most union-only PLAs claim to allow "core employees" to remain employed with contractors.  However, that term is usually limited to the managers and craft professionals must be terminated or shifted to other projects.

Q:If non-union craft professionals such as electricians and carpenters, are allowed to work under the union-only PLA, will they be permitted to work for thier existing employer or will they be required to sit on the union bench and be assigned by the union?

Some union-only PLAs allow nonunion workers to remain only if they follow union hall rules and pay union dues and fees without benefit unless the worker agrees to become a permanent member.

Q:What union work rules and disciplinary penalties may a nonunion worker be subjected to under the union-only PLA and the collective bargaining agreements of the signatory labor organizations?

Get a copy of all rules imbedded in the union-only PLA, collective bargaining agreements, bylaws and other policy documents of the labor organizations, so there is full disclosure to the public, policy makers, workers, and contractrors before a union-only PLA is adopted.

Q: What are the exact dues and fees that nonunion workers must pay to the labor organizations under the union-only PLA?

Workers who are not members of the union will still be subjected to dues and fees and other costs associated with the labor organization, such as disciplinary penalties.

Q: Are any of the fees paid by workers going to job targeting or market recovery programs?

Job targeting or market recovery funds are slush funds used by unions to give grants to union contractors.  These grants often offset the excess cost of using union labor.  Learn if local unions give these grants by looking at their financial reports.  Go to: www.union-reports.dol.gov.

Q:What are the fringe benefits that nonunion workers will receive immediately or under what conditions for the benefits paid by employers?

Many union benefits plans have restriction on drawing upon them.  For instance, many health care plans require a minimum number of hours to be worked in a year before health care insurance is available.

Q: Will nonunion contractors receive any credit for their existing fringe benefits package that will waive a requirement to pay into union programs?

Many employers offer substantial fringe benefit plans but under union-only PLAs they receive no credit and are forced to pay additional money into labor organization plans.

Q:Has the employer subject to the union-only PLA been given a legal waiver from liability for pension management failures that occur after the project is over and the employer has long ago withdrawn from the multi-employer plan?

Ongoing pension failures have made employers in multiemployer plans liable for losses.  Despite any existing program they offer to workers, employers are forced to enter these plans as a condition of a union-only PLA.  As a result, they will now be susceptible to claims resulting in bad management long after the project is over.

Q: Is the labor organization signing the union-only PLA the local council of the AFL-CIO Building and Construction of Trades Department(BCTD)? Does it really represent all the construction trade unions?

Many construction unions are leaving the ranks of the AFL-CIO and its BCTD, including the carpenters, laborers, and teamsters unions.  Local councils may not have the authority to speak for those seperate labor organizations.  Verbal assurances are not enough.