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This entry was published on 2014-09-22
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SECTION 222
Project labor agreements
Labor (LAB) CHAPTER 31, ARTICLE 8
§ 222. Project labor agreements. 1. Definition. "Project labor
agreement" shall mean a pre-hire collective bargaining agreement between
a contractor and a bona fide building and construction trade labor
organization establishing the labor organization as the collective
bargaining representative for all persons who will perform work on a
public work project, and which provides that only contractors and
subcontractors who sign a pre-negotiated agreement with the labor
organization can perform project work.

2. Contracts. Notwithstanding the provisions of any general, special
or local law, or judicial decision to the contrary:

(a) Any agency, board, department, commission or officer of the state
of New York, or of any political subdivision thereof as defined in
section one hundred of the general municipal law, municipal corporation
as defined in section sixty-six of the general construction law, public
benefit corporation, or local or state authority as defined in section
two of the public authorities law having jurisdiction over the public
work may require a contractor awarded a contract, subcontract, lease,
grant, bond, covenant or other agreement for a project to enter into a
project labor agreement during and for the work involved with such
project when such requirement is part of the agency, board, department,
commission or officer of the state of New York, political subdivision,
municipal corporation, public benefit corporation or local or state
authority having jurisdiction over the public work request for proposals
for the project and when the agency, board, department, commission or
officer of the state of New York, political subdivision, municipal
corporation, public benefit corporation or local or state authority
having jurisdiction over the public work determines that its interest in
obtaining the best work at the lowest possible price, preventing
favoritism, fraud and corruption, and other considerations such as the
impact of delay, the possibility of cost savings advantages, and any
local history of labor unrest, are best met by requiring a project labor
agreement.

(b) Any contract, subcontract, lease, grant, bond, covenant or other
agreement for projects undertaken pursuant to this section shall not be
subject to the requirements of separate specifications (referred to as
the Wicks Law) when the agency, board, department, commission or officer
of the state of New York, or political subdivision thereof, municipal
corporation, public benefit corporation or local or state authority
having jurisdiction over the public work has chosen to require a project
labor agreement, pursuant to paragraph (a) of this subdivision.

(c) Whenever the agency, board, department, commission or officer of
the state of New York, or political subdivision thereof, municipal
corporation, public benefit corporation or local or state authority
having jurisdiction over the public work enters into a contract,
subcontract, lease, grant, bond, covenant or other agreement for the
construction, reconstruction, demolition, excavation, rehabilitation,
repair, renovation, alteration, or improvement for a project undertaken
pursuant to this section, it shall be deemed to be a public works
project for the purposes of this article, and all the provisions of this
article shall be applicable to all the work involved with such project
including, but not limited to, the enforcement of prevailing wage
requirements by the fiscal officer as defined in paragraph (e) of
subdivision five of section two hundred twenty of this article.

(d) Every contract entered into by any agency, board, department,
commission or officer of the state of New York, or any political
subdivision thereof, municipal corporation, public benefit corporation
or local or state authority having jurisdiction over the public work for
a project shall contain a provision that the design of such project
shall be subject to the review and approval of the entity and that the
design and construction standards of such project shall be subject to
the review and approval of such state entity, if applicable. In
addition, every such contract shall contain a provision that the
contractor shall furnish a labor and material bond guaranteeing prompt
payment of moneys that are due to all persons furnishing labor and
materials pursuant to the requirements of any contracts for a project
undertaken pursuant to this section and a performance bond for the
faithful performance of the project, which shall conform to the
provisions of state or local law, and that a copy of such performance
and payment bonds shall be kept by such entity and shall be open to
public inspection.

(e) Any contract, subcontract, lease, grant, bond, covenant, or other
agreement for construction, reconstruction, demolition, excavation,
rehabilitation, repair, renovation, alteration, or improvement with
respect to each project undertaken pursuant to this section, the entity
shall consider the financial and organizational capacity of contractors
and subcontractors in relation to the magnitude of work they may
perform, the record of performance of contractors and subcontractors on
previous work, the record of contractors and subcontractors in complying
with existing labor standards and maintaining harmonious labor
relations, and the commitment of contractors to work with minority and
women-owned business enterprises pursuant to article fifteen-A of the
executive law through joint ventures of subcontractor relationships.
With respect to any contract for construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration,
or improvement in excess of three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million five hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five hundred thousand dollars in all other counties within the state;
the entity shall further require that each contractor and subcontractor
shall participate in apprentice training programs in the trades of work
it employs that have been approved by the department for not less than
three years and shall have graduated at least one apprentice in the last
three years and shall have at least one apprentice currently enrolled in
such apprenticeship training program. In addition, it must be
demonstrated that the program has made significant efforts to attract
and retain minority apprentices, as determined by affirmative action
goals established for such program by the department.