Requiring Union Labor Part 2

@Itinerant CO started a thread in the Beginner’s Forum in February 2021, asking if the government could require union only contractors.  

As part of that discussion, I mentioned the use of Project Labor Agreements for construction contracts and the back and forth political policies regarding favoring of unions as Presidents issued Executive Orders either requiring, encouraging or prohibiting mandatory PLA’s.

As of February 4, 2022, Biden has now  “trumped” Obama’s EO concerning PLA’s.*

https://www.whitehouse.gov/briefing-room/presidential-actions/2022/02/04/executive-order-on-use-of-project-labor-agreements-for-federal-construction-projects/

“Section 1, Policy

… (c)  Accordingly, it is the policy of the Federal Government for agencies to use project labor agreements in connection with large-scale construction projects to promote economy and efficiency in Federal procurement.”

The new EO will generally make the use of a PLA mandatory on large scale construction projects, which will essentially only allow contractors with agreements with organized labor.

“Sec. 10. Revocation of Prior Orders, Rules, and Regulations. [Obama’s] Executive Order 13502 of February 6, 2009 (Use of Project Labor Agreements for Federal Construction Projects), is revoked as of the effective date of the final regulations issued by the FAR Council under section 8(a) of this order.”

Obama’s order encouraged the use of PLA’s (making it discretionary) . Trump didn’t revise or reverse that EO. 

Section 7 of the new Order also doesn’t preclude agencies from requiring PLA’s on other construction projects.

FAR subpart 22.5 will have to be updated to implement this new EO.

I don’t know the EO designation number. It wasn’t stated. 

*See link on the WIFCON Home Page under Rules and Tools for February 7 2022.