Template revised September 22, 2016.
COMMISSION
AGENDA MEMORANDUM
Item No.
9a
BRIEFING
Date of Meeting
April 16, 2019
DATE: April 2, 2019
TO: Stephen P. Metruck, Executive Director
FROM: Ralph Graves, Senior Director Capital Development
SUBJECT: Project Labor Agreement Standard Language
EXECUTIVE SUMMARY
The Port of Seattle Commission Policy Directive on Construction Labor Practices for Projects
Located on Port of Seattle Property (Policy Directive), established in October 2016, provides
policy direction for construction labor for projects on Port property. The purposes of the policy
directive are to expand access to construction jobs; ensure fair treatment of workers; promote
labor harmony and uninterrupted work progress; and improve safety at construction sites. It
also chartered the Projects and Procurements Committee to work with staff and stakeholders
to develop standard language to be used in project labor agreements (PLAs). In the course of
six-months’ negotiations in 2018, Port staff, Seattle King County Building Construction Trades
Council (SKCBCTC), and Northwest Construction Alliance II (NCAII), have agreed on such
standard language. Application of the PLA will continue to be authorized by the Commission on
a project-by-project basis. The agreed language is to remain in force for five years, through
November 30, 2023.
The negotiations were wide-ranging but in the end resulted in a document largely consistent
with Port PLAs in the past five years. Modifications include reference to the Construction Labor
Practices policy directive; clarification of relation between the PLA and Collective Bargaining
Agreements; increase of penalties for violating the PLA; dispute resolution procedures; raising
of apprentice utilization goals and preferred entry standards; and general clean-up of language
for clarity. A side letter provides for zip-code priority hiring.
The standard language resolves and clarifies several items at issue in recent individual PLA
discussions. It relieves the administrative burden of reopening negotiations for each separate
project. Either the Port, SKCBCTC, or NCAII can propose changes or request that the five-year
effective time be curtailed or extended, but any such action must be by mutual agreement.
COMMISSION AGENDA – Briefing Item No. __9a__ Page 2 of 3
Meeting Date: April 16, 2019
DETAILS
The policy directive established PLA decision criteria, established procedures for applying labor
standards to different categories of construction contracts on Port property, and directed the
following:
The Projects and Procurements Committee is hereby chartered to work with staff and
stakeholders to develop standard language to be included in Port PLAs unless otherwise
authorized by the Commission.
During the period of March-October 2018, Port staff from Labor Relations and Capital
Development negotiated the PLA language with leaders from SKCBCT, NCAII, and member
unions. The negotiating team received input from the Seattle chapter of the Associated
General Contractors and Port staff including Central Procurement Office, Small Business
Programs and Workforce Development.
In general, in return for commitment to no work stoppages or slowdowns, the PLA requires that
except for named exceptions, all craft labor will be dispatched from union halls and employers
will pay into the benefit funds of the respective trade unions. The PLA document is
incorporated into the contract between the Port and the general contractor and by extension
to subcontractors. Highlights of the current agreement include:
Reference to the Construction Labor Practices policy directive.
Conflicts with Collective Bargaining Agreements (CBAs) have been minimized and the
precedence of the CBAs affirmed.
Penalties for violating the terms of the PLA are increased to $10,000 per shift.
Dispute resolution procedures have been clarified.
Unions and contractors commit to outreach to Minority, Women and Disadvantaged
Business Enterprises with training and assistance and to facilitate entry into the
building and construction trades of military veterans.
Consistent with State law, the apprenticeship utilization goal remains at 15 percent,
but the aspirational goals for the share of minority and women apprentices are raised
to 21 percent and 12 percent, respectively.
The agreement clarifies procedures for preferred entry from approved pre-
apprenticeship programs into union apprenticeship.
Subcontractors who are not party to CBAs may request by name the referral of up to
five “core” workers, on an alternating basis with workers dispatched from the union
hall.
A side letter provides for zip-code priority hiring on projects at the Port’s discretion.
COMMISSION AGENDA – Briefing Item No. __9a__ Page 3 of 3
Meeting Date: April 16, 2019
ATTACHMENTS TO THIS BRIEFING
Proposed PLA Standard Language
Construction Labor Practices Policy Directive
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
January 8, 2019 – Commission authorized employing a PLA on the South Satellite
Infrastructure project
April 24, 2018 – Commission authorized Resolution 3746, Priority Hire Policy Directive
November 28, 2017 – Commission authorized Resolution 3736, Priority Hire Policy Directive
October 25, 2016 – Commission authorized Resolution 3725, Construction Labor Policy
