9a Attachment Proposed Standard Language
Item No.: 9a_Attach
Meeting Date: April 16, 2019
Project Labor Agreement
BETWEEN
The Port of Seattle
AND
Seattle/King County Building and
Construction Trades Council
Northwest Construction Alliance II
December 1, 2018
Project Labor Agreement
Project Labor Agreement
Table of Contents
ARTICLE 1 PURPOSE ...................................................................................................................2
ARTICLE 2 SCOPE OF AGREEMENT ........................................................................................3
ARTICLE 3 UNION RECOGNITION ..........................................................................................5
ARTICLE 4 MANAGEMENT'S RIGHTS .....................................................................................6
ARTICLE 5 UNION SECURITY ...................................................................................................6
ARTICLE 6 WORK STOPPAGES AND LOCKOUTS .................................................................7
ARTICLE 7 DISPUTES AND GRIEVANCES ..............................................................................9
ARTICLE 8 JURISDICTIONAL DISPUTES...11
ARTICLE 9 SUBCONTRACTING ..............................................................................................11
ARTICLE 10 HELMETS TO HARDHATS .................................................................................13
ARTICLE 11 APPRENTICESHIP UTILIZATION .....................................................................13
ARTICLE 12 PREFERRED ENTRY14
ARTICLE 13 MONTHLY LABOR/MANAGEMENT MEETINGS ...........................................14
ARTICLE 14 WAGE SCALES AND FRINGE BENEFITS ........................................................15
ARTICLE 15 SUBSTANCE ABUSE PROGRAM ......................................................................16
ARTICLE 16 REFERRAL PROCEDURES .................................................................................16
ARTICLE 17 WORK RULES .......................................................................................................18
ARTICLE 18 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS ...........................19
ARTICLE 19 SAFETY AND HEALTH .......................................................................................23
ARTICLE 20 SAVINGS AND SEVERABILITY ........................................................................24
ARTICLE 21 DURATION OF AGREEMENT ............................................................................24
APPENDIX A SUBSTANCE ABUSE ......................................................................................28
APPENDIX B LETTER OF ASSENT .......................................................................................30
PREFABRICATION SIDE LETTER........................................................31
TEAMSTER LOCAL 174 LETTER OF UNDERSTANDING32
PRIORITY HIRE LETTER OF UNDERSTANDING.33
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Project Labor Agreement
Signatory Unions/Port of Seattle
Project Labor Agreement
ARTICLE 1
It is the intent of the Parties to set out uniform standard working conditions for the efficient
performance of construction; herein to establish and maintain harmonious relations between all
parties to this Agreement; to secure optimum quality and productivity, and to eliminate strikes,
lockouts or delays in the performance of the work undertaken by the Employer.
This commitment includes the Owners, Contractors and Unions who become signatory to this
Agreement.
PURPOSE
This Agreement is entered into by and between the Port of Seattle (Port), its successors or
assigns, the Project Contractor(s), and the Seattle Building Trades and Northwest Construction
Alliance II, hereinafter collectively called the "Union or Unions," with respect to the Project
Labor Agreement.
This agreement will cover construction projects and/or contracts as approved by the Port
Commission per Resolution 3725, 3726, and 3746, as cited in Port resolution with "the
assumption will be in favor of employing an agreement for construction contracts that are
anticipated to be in excess of $5 million" in cost. Suchapproved construction projects are
hereafter referred to as "Covered Projects". The Port shall notify the Seattle Building Trades and
Northwest Construction Alliance II of Commission approved construction projects. The Port will
maintain a current list of all Covered Projects.
The term "Contractor" shall include all construction contractors and all sub-contractors of
whatever tier engaged in onsite construction work within the scope of this Agreement. The term
"Prime Contractor" is the general contractor awarded the initial Project bid.
The Parties recognize the need for the timely completion of Port of Seattle Covered Projects
without interruption or delay. This Agreement is intended to enhance this cooperative effort
through the establishment of a framework for labor-management cooperation and stability. The
Parties agree that the timely construction of this Project will require substantial numbers of
employees from construction and supporting crafts possessing skills and qualifications that are
vital to its completion. They will work together to furnish skilled, efficient craft workers for the
construction of the Project.
Further, the Parties desire to mutually establish and stabilize wages, hours and working
conditions for the craft workers to encourage close cooperation between the Contractor(s) and
the Unions to the end that a satisfactory, continuous and harmonious relationship will exist
between the Parties to this Agreement.
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Project Labor Agreement
Therefore, to maintain a spirit of harmony, labor-management peace, and stability during the
term of this Agreement, the Parties agree to abide by the terms and conditions in this Agreement,
and to establish effective and binding methods for the settlement of all misunderstandings,
disputes or grievances which may arise. Further, the Contractor(s) and all of its Sub-contractors
of whatever tier, agree not to engage in any lockout, and the Unions agree not to engage in any
strike, slow-down, interruption, or other disruption of or interference with the work covered by
this Agreement.
ARTICLE 2
SCOPE OF AGREEMENT
Section 1.
This Project Labor Agreement (PLA) shall apply and is limited to the recognized and accepted
historical definition of new or construction work as described in the PLA Contract performed by
the Prime Contractor and those Sub-contractors of whatever tier which have contracts with the
Prime Contractor for such work, all of which is herein described as the "Project". Except for the
activities covered by Section 5 of this Article, any construction work defined in RCW 39.12 will
be subject to the PLA. Such work shall include site preparation work and dedicated off-site
work, including transportation of equipment and materials to the site.
It is understood by the Parties that the Port may, at its sole discretion, add to a specific project
covered by this Agreement. I n so doing, the Port will notify the Unions of their intended
changes.
It is agreed that the Prime Contractor shall require all Contractors and their Sub-contractors of
whatever tier who have been awarded contracts for work covered by this PLA, to accept and be
bound by the terms and conditions of this Project Labor Agreement by executing the Letter of
Assent (Appendix B) prior to commencing work. The Port shall assure compliance with this
PLA by the Contractors. The signatory Unions agree to assist the Port with contractor
compliance.
When a subject is covered by the provisions of a Collective Bargaining Agreement (CBA) and is
not covered by this PLA, the local CBA shall prevail. It is further agreed that, where there is a
conflict, the terms and conditions of this Project Labor Agreement shall supersede and override
terms and conditions of any and all other national, area, or local Collective Bargaining
Agreements, except for all work performed under the NTL Articles of Agreement, the National
Stack/Chimney Agreement, the National Cooling Tower Agreement, all instrument calibration
work and loop checking shall be performed under the terms of the UA/IBEW Joint National
Agreement for Instrument and Control Systems Technicians, and the National Agreement of the
International Union of Elevator Constructors, with the exception of Article 6, 7, and 8 of this
Project Labor Agreement, which shall apply to such work. If this PLA is silent on any issues the
individual Collective Bargaining Agreements shall prevail.
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Project Labor Agreement
It is understood that this is a self-contained, stand alone, Agreement and that by virtue of having
become bound to this Project Labor Agreement, neither the Project Contractor nor the
Contractors shall be obligated to sign any other local, area, or national agreement.
Section 2.
Nothing contained herein shall be construed to prohibit, restrict or interfere with the performance
of any other operation, work, or function which may occur at the Project site or be associated
with the development of the Project.
Section 3.
This PLA shall only be binding on the signatory Parties hereto and shall not apply to their
parents, affiliates or subsidiaries.
Section 4.
The Port and/or the Prime Contractor and all of its Sub-contractors regardless of tier have the
absolute right to select any qualified and responsible bidder for the award of contracts on this
Project without reference to the existence or non-existence of any agreements between such
bidder and any party to this PLA; provided, however, only that such bidder is willing, ready and
able to become a party to, signs a letter of assent and complies with this PLA, should it be
designated the successful bidder.
Section 5.
Items specifically excluded from the scope of this PLA include but are not limited to the
following:
(a) The excluded employees contained in this PLA shall at no time perform bargaining unit work
covered by the trades signatory to the PLA. Work of non-manual employees, including but not
limited to, superintendents, supervisors, assistant supervisors, staff engineers, inspectors, quality
control and quality assurance personnel, timekeepers, mail carriers, clerks, office workers,
including messengers, guards, safety personnel, emergency medical and first aid technicians,
engineering, administrative, community relations or public affairs, environmental compliance,
supervisory and management employees, specialty testing, architectural/engineering design,
suppliers, and other professional services.
(b) Equipment and machinery owned or controlled and operated by the Port or by any of the
airlines or airport concessionaires or tenants.
(c) Non-manual work by employees of a manufacturer or vendor necessary to maintain such
manufacturers or vendor's written warranty or guarantee or the on-site supervision of such work.
(d) Laboratory for specialty testing or inspections not ordinarily done by the signatory Local
Unions.
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Project Labor Agreement
(e) Non-construction support services contracted by the Owner in connection with this Project.
(f) Survey work performed by the Owner or prior to 'notice to proceed' is excluded.
(g) All work performed or contracted by airport tenants, defined by contract documents to be
constructed within a defined area of new construction or facility improvement work covered by
the PLA, will be exempt. The Port agrees to provide the Unions notification of defined airport
tenant work prior to construction. The Unions recognize that during the term of this PLA
improvements will be contracted directly by airport tenants and performed by contractors outside
the scope of this PLA.
(h) All work performed by Port employees is exempt.
Section 6.
The provisions of this PLA shall apply to the Port and any of its small works contractors when
doing covered work. Nothing contained herein shall be construed to prohibit or restrict the Port
or its employees from performing work not covered by this PLA on the Project site.
Section 7.
It is understood that the Port, at its sole option, may terminate, delay and/or suspend any or all
portions of the Project at any time.
Section 8.
It is understood that the liability of any Contractor and the liability of the separate Unions under
this PLA shall be several and not joint. The Unions agree that this PLA does not have the effect
of creating any joint employer status between or among the Port, Contractor(s) or any
Contractor.
ARTICLE 3
UNION RECOGNITION
The Contractors recognize the Seattle Building Trades, NCA II and other signatory Unions as the
sole and exclusive bargaining representatives of all craft employees within their respective
historical jurisdictions working on the Project within the scope of this PLA.
ARTICLE 4
MANAGEMENT'S RIGHTS
The Prime Contractor, and all of their Sub-contractors of whatever tier retain full and exclusive
authority for the management of their operations. Except as otherwise limited by the terms of
this PLA, the Contractors shall direct their working forces at their prerogative, including, but not
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Project Labor Agreement
limited to hiring, promotion, transfer, lay-off or discharge for just cause. No rules, customs, or
practices shall be permitted or observed which limit or restrict production, or limit or restrict the
working efforts of employees. The Contractors shall utilize the most efficient method or
techniques of construction, tools, or other labor saving devices. There shall be no limitations
upon the choice of materials or design, or any limit on production by workers or restrictions on
the full use of tools or equipment. There shall be no restriction, other than may be required by
safety regulations, on the number of employees assigned to any crew or to any service.
ARTICLE 5
UNION SECURITY
Section 1.
Authorized representatives of the Union shall have reasonable access to the Project, provided
that such representatives do not interfere with the work of the employees, and further provided
that such representatives fully comply with posted visitor, security and safety rules and the
environmental compliance requirements of the Project. It is understood that because of the scope
of the Project, the type of work being undertaken on the Project site and the continuous operation
of the airport during construction, visitors may be limited to certain times, or areas, or to being
escorted at all times if said representative does not have a Security Identification Display Area
(SIDA) Badge while on the Project site; in such circumstances, however, Project workers shall
be allowed to confer privately with their authorized Union representatives. The Contractor
recognizes the right of access set forth in the Section and such access will not be unreasonably
withheld from an authorized representative of the Union.
Section 2.
(a) Each signatory Local Union shall have the right to designate a working journeyman as a
steward for the Prime Contractor and Sub-Contractors of whatever tier and for each shift being
worked and shall notify the Contractor in writing of the identity of the designated steward or
stewards prior to the assumption of such person's duties as steward. Such designated steward or
stewards shall not exercise any supervisory functions, such as hiring or termination of fellow
employees or the direction of the work. There will be no non-working stewards. Stewards will
receive the regular rate of pay for their respective crafts.
(b) A steward for each craft of the signatory Unions employed on the Project shall be permitted
on the Project site at all times when work is being performed. Stewards shall not be subject to
discrimination or discharge on account of proper union activities. The Unions agree that such
activities shall not unreasonably interfere with the steward's work for the Contractor.
(c) In addition to his/her work as an employee, the steward shall have the right to receive, but not
solicit, complaints or grievances and with local Union representative approval may discuss
and assist in the adjustment of the same with the employee's appropriate supervisor. Each
steward shall be concerned with the employees of the steward's craft. The Contractor will not
discriminate against the steward in the proper performance of his/her union duties.
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Project Labor Agreement
(d) When a Contractor has multiple, non-contiguous work locations on the site, the Union may
appoint additional working stewards to provide independent coverage of one or more such
locations. In such cases, a steward may not service more than one work location without the
approval of the Union.
(e) The stewards shall not have the right to determine when overtime shall be worked or who
shall work overtime. Provisions of any Collective Bargaining Agreement, giving the steward the
option of working all reasonable overtime within their craft and shift shall be recognized,
provided they are qualified to perform the task assigned.
Section 3.
The Contractor agrees to notify the appropriate Union, in writing twenty-four (24) hours prior to
the layoff of a steward, except in the case of disciplinary discharge for just cause. If a steward is
protected against such layoff by the provisions of any Collective Bargaining Agreement, such
provisions shall be recognized to the extent that the steward possesses the necessary
qualifications to perform the work remaining. In any case in which a steward is discharged or
disciplined for just cause, the appropriate Union shall be notified immediately by the Contractor.
Section 4.
Personnel of the Port will be working in close proximity to the construction activities. The Union
agrees that the Union representatives, stewards, and individual workers will not interfere with the
Port personnel, or with personnel employed by any other Employer not a party to this PLA.
ARTICLE 6
WORK STOPPAGES AND LOCKOUTS
Section 1.
During the term of this PLA there shall be no strikes, picketing, work stoppages, slowdowns or
other disruptive activity for any reason by the Union, its applicable Local Union or by any
employee, and there shall be no lockout by the Contractor on Covered Projects. Failure of any
Union, Local Union or employee to cross any picket line established at the Covered Project site
is a violation of this Article.
Section 2.
The Union and its applicable Local Union shall not sanction aid or abet, encourage or continue
any work stoppage, strike, picketing or other disruptive activity at the Contractor's Project site
and shall undertake all reasonable means to prevent or to terminate any such activity. No
employee shall engage in activities which violate this Article. Any employee who participates in
or encourages any activities which interfere with the normal operation of the Project shall be
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Project Labor Agreement
subject to disciplinary action, including discharge, and if justifiably discharged for the above
reasons, shall not be eligible for rehire on the Project for a period of not less than ninety (90)
days.
Section 3.
Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom
it has no responsibility. The International Union General President or Presidents will
immediately instruct order and use the best efforts of his/her office to cause the Local Union or
Unions to cease any violations of this Article. An International Union complying with this
obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or
officers of a Local Union will immediately instruct, order and use the best efforts of his/her
office to cause the employees the Local Union represents to cease any violations of this Article.
A Local Union complying with this obligation shall not be liable for unauthorized acts of
employees it represents. The failure of the Contractor to exercise its right in any instance shall
not be deemed a waiver of its right in any other instance.
Section 4.
If any Party to this PLA believes a violation of this article has occurred, that Party may submit
their claim as a grievance under Article 7, Step 4, for expedited arbitration. The sole issue at the
arbitration hearing shall be whether or not a violation of this Article occurred. The arbitrator
shall have no authority to consider any justification, explanation or mitigation for such violation.
The arbitrator's award shall be issued in writing within 24 hours after the close of the hearing,
and may be issued without an opinion. If any Party desires an opinion, one shall be issued within
fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award.
The arbitrator may order cessation of the violation, and any other appropriate relief, including,
but not limited to liquidated damages in the following amounts: For the first shift in which the
violation occurred, $10,000; for the second shift, $10,000; for the third shift, $10,000; for each
shift thereafter in which the craft has not returned to work, $10,000 per shift. Such award shall be
final and binding on all parties. The fees and expenses of the arbitrator shall be equally divided
between the moving Party or Parties and the Party or Parties respondent. If the arbitrator
determines that a violation of this Article has occurred the Union(s) shall, within eight (8) hours
of receipt of the award, direct all of the employees they represent on the Project to immediately
return to work. If the arbitrator determines that a lockout has occurred in violation of this Article,
he/she shall be empowered to order the Contractor to bring the employee(s) in question back to
work, and award back pay to the employees who were locked out. The arbitrator shall retain
jurisdiction to determine compliance with this Article.
ARTICLE 7
DISPUTES AND GRIEVANCES
Section 1.
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Project Labor Agreement
This PLA is intended to provide close cooperation between the Port, Contractor, and Labor.
Each of the Unions will assign a representative to this Project for the purpose of completing the
construction of the Covered Project economically, efficiently, continuously, and without
interruptions, delays, or work stoppages.
Section 2.
The Port, Contractors, Unions, and the employees, collectively and individually, realize the
importance to all Parties to maintain continuous and uninterrupted performance of the work of
the Project, and agree to resolve disputes in accordance with the grievance-arbitration provisions
set forth in this Article.
Section 3.
Any question or dispute arising out of and during the term of this PLA (other than trade
jurisdictional disputes) shall be considered a grievance and subject to resolution under the
following procedures:
Step 1.
(a) When any employee subject to the provisions of this PLA feels he/she is aggrieved by a
violation of this PLA, he/she, through his/her local Union business representative or designated
Union Representative, shall, within ten (10) working days after the occurrence , or had
knowledge of or should have known of the alleged violation, give notice to the work-site
representative of the involved Contractor stating the provision(s) alleged to have been violated.
The business representative of the local Union or the designated Union Representative and the
work-site representative of the involved Contractor and the Owners Representative shall meet
and endeavor to adjust the matter within three (3) working days after timely notice has been
given. The representative of the Contractor shall keep the meeting minutes and shall respond to
the Union representative in writing and the Owners Representatives at the conclusion of the
meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter
within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter,
pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting
forth the relevant information concerning the alleged grievance, including a short description
thereof, the date on which the grievance occurred, and the provision(s) of the PLA alleged to
have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier
have a dispute with the other Party and, if after conferring, a settlement is not reached within
three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same
manner as outlined herein for the adjustment of an employee complaint.
Step 2.
The International Union Representative and the involved Contractor shall meet within seven (7)
working days of the referral of a dispute to this second step to arrive at a satisfactory settlement
thereof. Meeting minutes shall be kept by the Contractor. If the Parties fail to reach an
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Project Labor Agreement
agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3
within seven (7) calendar days thereafter.
Step 3.
Expedited Alternative Dispute Resolution
In the event no resolution is reached by the Union and the Contractor at Step 2, upon mutual
agreement the parties may agree to submit the grievance to a mediator appointed by Federal
Mediation and Conciliation Services (FMCS) or another mutually agreed upon mediator for
mediation. If mediation fails to resolve the issue(s) or if both Parties do not agree to submit the
grievance to mediation, either party may request that the grievance be submitted to an arbitrator
in accordance with the provisions of Step 4. Nothing done or said by the Parties or the mediator
during the grievance mediation can be used in the arbitration proceeding.
Step 4.
(a) If the grievance has been submitted but not adjusted under Step 2 or Step 3, either Party may
request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to
an Arbitrator mutually agreed upon by them. The Contractor and Sub-Contractor of whatever tier
and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do
so, they shall request the Federal Mediation and Conciliation Services (FMCS) to provide them
with a list of arbitrators from which the Arbitrator shall be selected. The rules of the (FMCS or
whoever we designate) shall govern the conduct of the arbitration hearing. The decision of the
Arbitrator shall be final and binding on all Parties. The fee and expenses of such Arbitration shall
be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the
grievance null and void. The time limits established herein may be extended only by written
consent of the parties involved at the particular step where the extension is agreed upon. The
Arbitrator shall have the authority to make decisions only on issues presented to him/her. Also
he/she shall not have authority to change, amend, add to or detract from any of the provisions of
this PLA.
Section 4.
The Prime Contractor, Sub-tier contractor, the Port and the Union representatives shall be
notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in
all proceedings at these steps.
ARTICLE 8
JURISDICTIONAL DISPUTES
Section 1.
(a) The assignment of work will be solely the responsibility of the Contractor performing the
work involved; and such work assignments will be in accordance with the Plan for the
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Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") orany successor
Plan and shall be based upon the appropriate agreements of record, decisions of record and
previously provided local written agreements between or among the Unions and established trade
practice prevailing in the locality. Locality is defined as the Seattle/King County Building Trades
geographical jurisdiction. Such assignments shall be disclosed by the Contractor at a pre-job
conference held in accordance with industry practice, which pre-job conference will include a
representative of the Prime Contractor.
Section 2.
All jurisdictional disputes on Covered Project, between or among the Building and Construction
Trades Unions, the NCA II and Contractors, parties to this PLA, shall be settled and adjusted
according to the present Plan established by the Building and Construction Trades Department or
any other plan or method of procedure that may be adopted in the future by the Building and
Construction Trades Department. Decisions rendered shall be final, binding and conclusive on
the Contractors and Unions parties to this PLA.
Section 3.
All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage,
or slow-down of any nature and the Contractor's assignment shall be adhered to until the dispute
is resolved. Individuals violating this Section shall be subject to immediate discharge.
Section 4.
Each Contractor will submit to the Port a proposed trade assignment and attend a pre-job
conference, scheduled by the Port, with the Unions a minimum of 2 weeks prior but not more
than 90 days prior to commencing work. Each Contractor will submit to the Port a final trade
assignment one (1) week after attending the pre-job conference and prior to starting work. The
Port will send copies of the trade assignments to the Unions.
ARTICLE 9
SUBCONTRACTING
Section 1.
The Prime Contractor agrees that no Contractor shall subcontract any Covered Project work
except to a person, firm or corporation party to this PLA.
Section 2.
If a Building Trades Union that traditionally represents construction employees in the geographic
area of the Project chooses not to become signatory to this PLA, the Prime Contractor and the
signatory Unions shall utilize one or both of the following options to ensure that work that may
be claimed by the non-signatory Union ("claimed work") is completed without disrupting the
Covered Project:
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Project Labor Agreement
(a) The signatory Unions will provide the Prime Contractor and all other Sub-tier
contractors who become signatory to this PLA with the appropriate workforce to
perform the claimed work.
(b) The Prime Contractor may utilize any Contractor or Subcontractor to perform
claimed work, except that if such Contractor is party to an agreement with the nonsignatory
Union, such Union must agree in writing to abide by Article 8,
Jurisdictional Disputes, and Article 6 Work Stoppages and Lockouts for the
contractor to be awarded work under this PLA. Such Contractor may utilize its
existing workforce and wage and benefit package. Such Contractors shall be required
to agree in writing to be bound to and abide by this Article, Article 6 Work Stoppages
and Lockouts, and Article 8 Jurisdictional Disputes. No other provision shall apply to
such Contractors unless required by the Prime Contractor.
The names and physical business addresses of all Subcontractors on work covered by this PLA
shall be transmitted to the Seattle Building Trades and NCA II by the Employer.
Section 3: Small Business Outreach.
The Prime Contractor and the Unions commit to conduct small business outreach to Minority,
Women and Disadvantaged Business Enterprises (MWDBE) certified through the Washington
State Office of Women and Minority Business Enterprises. The Prime Contractor and the Unions
also commit to outreach to construction contractors in the Small Contractor and Supplier (SCS)
program certified through King County.
The Port and Unions agree to meet with contractors to provide training and assistance about
working under Collective Bargaining Agreements and this PLA.
Section 4:
Whenever the Contractor is obligated to satisfy Disadvantaged Business Enterprise (DBE) and/or
Small Contractor and Supplier (SCS) efforts, the Union's whosework is involved and the
Contractor, by mutual agreement, may waive Article 9, Section 1 prior to commencement of the
work in the event an Employer and the Union are unable to find qualified competitive DBE/SCS
Subcontractors. The DBE/SCS and Prime Contractor must complete pre-job paperwork defining
the scope of work to be performed prior to waiver agreement.
If in accordance with the preceding paragraph, the Contractor utilizes a DBE/SCS Subcontractor
who does not become signatory to this PLA, the Subcontractor must agree in writing to abide by
Article 8, Jurisdictional Disputes, and Article 6 Work Stoppages and Lockouts for the
Subcontractor to be awarded work under this PLA. Such Subcontractor may utilize its existing
workforce and wage and benefit package. Such Subcontractors shall be required to agree in
writing to be bound to and abide by this Article, Article 6 Work Stoppages and Lockouts, and
Article 8 Jurisdictional Disputes. No other provision shall apply to such Subcontractors unless
required by the Prime Contractor.
ARTICLE 10
HELMETS TO HARDHATS
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Project Labor Agreement
Section 1.
The Contractors and the Unions recognize a desire to facilitate the entry into the building and
construction trades of veterans who are interested in careers in the building and construction
industry. The Contractors and Unions agree to utilize the services of the Center for Military
Recruitment, Assessment and Veterans Employment (hereinafter "Center") and the Center's
"Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of
construction aptitude, referral to apprenticeship programs or hiring halls, counseling and
mentoring, support network, employment opportunities and other needs as identified by the
Parties.
Section 2.
The Unions and Employers agree to coordinate with the Center to create and maintain an
integrated database of veterans interested in working on the Covered Project, and of
apprenticeship and employment opportunities for the Covered Project. To the extent permitted
by law, the Unions will give credit to such veterans for bona fide, provable past experience.
ARTICLE 11
APPRENTICESHIP UTILIZATION
The Parties agree to set a minimum State Apprenticeship Council (SAC) Apprenticeship
Utilization Goal of fifteen percent (15%) per craft. The goal established for minority apprentice
training is twenty-one percent (21%) of the total apprentice training hours. The goal established
for female apprentice training is twelve percent (12%) of the total apprentice training hours. The
Prime Contractor will be responsible for all Contractors and Sub-contractors of whatever tier
shall submit an Apprenticeship Utilization Plan at their pre-job conference and all Contractors
shall submit weekly certified payrolls identifying all SAC registered apprentices.
The Parties agree to maximize the use of Washington State Apprenticeship Training Council
[WSATC] apprentices on the Project and to facilitate the participation of people of color, women
and other disadvantaged persons in such apprenticeship programs, and increase the opportunities
for participation by low-income people of color and women. The Parties should identify training
and hiring goals and reduce barriers to employment and training.
ARTICLE 12
PREFERRED ENTRY
Section 1.
The Parties agree to construct and expand pathways to living wage jobs and careers in the
construction industry for community members through collaborative workforce development
systems involving community-based training providers and union-based apprenticeship
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programs. The purpose of this program is to facilitate a workforce reflective of the diversity of
the region's population.
Section 2.
The Parties agree to work in cooperation to provide pre-qualified applicants access to
apprenticeship opportunities generated by the construction contracts under the PLA. Preferred
Entry candidates shall be placed with Contractors working on the Project, subject to an interview
if requested by the Contractor. Selected Preferred Entry candidates who are not already first year
apprentices shall become first period apprentices.
To give preferred entry apprentices an opportunity to become established in their apprenticeship
training, Contractors must employ Preferred Entry candidates for 700 hours, in order to count
that candidate toward the Preferred Entry requirement. The Port may reduce the number of
required hours to a minimum of 350 hours on the Project that have insufficient total apprentice
hours to support placements of a 700 hour duration.
Section 3.
The Parties agree that given the apprenticeship utilization goal of 15% on the Project, the goal
for Preferred Entry Apprentices shall be one (1) of each five (5) of those apprentices who have
worked at least 350 or 700 hours from Pre-Apprenticeship programs including the
Apprenticeship and Non-Traditional Employment Program for Women (ANEW), YouthBuild,
Helmets to Hard Hats, King County Pre-Apprenticeship Construction Education (KC PACE),
Ironworkers Pre-Apprenticeship Program, TERO Vocational Training Center (TVTC), Seattle
Vocational Institute Pre-Apprenticeship Construction Training (PACT), the Trades Related
Apprenticeship Coaching Program (TRAC), Cement Masons Pre-Apprenticeship Program,
Direct Access to Laborers Education and Careers (DALEC), or other mutually agreed-upon
programs that serve people living in economically distressed communities. The list of such
programs may be updated by mutual agreement between the Port and the Seattle Building,
Construction Trades Council, and Northwest Construction Alliance II.
Section 4.
The Unions and Prime Contractor agree to ensure hiring of Preferred Entry apprentices during
the early start of work on the Project. The Port, Unions and Contractors recognize Preferred
Entry Apprentices that are within the first two steps and/or years of their apprenticeship program.
ARTICLE 13
MONTHLY LABOR/MANAGEMENT MEETINGS
The Parties to this PLA recognize the necessity for cooperation and communication between the
Unions, the Port, and the prime contractor, the elimination of disputes and misunderstandings
and the resolution of unfair practices on the part of any party. To this end, the Parties agree to
participate in monthly Union/Port/prime contractor meetings to address pre-apprenticeship
preferred entry goals, apprenticeship utilization, priority hire requirements if applicable, job
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progress, administration and progress of overall PLA program, and any other relevant issues that
will affect the Project and promote harmonious and stable labor/management relations. The Port
shall facilitate and distribute copies of reports to the committee, including a monthly discussion
of projects reviewed for application of the PLA and future projects.
ARTICLE 14
WAGE SCALES AND FRINGE BENEFITS
Section 1.
In consideration of the desire of the the Port and Unions for all construction work to proceed
efficiently and economically and with due consideration for protection of labor standards, wages
and working conditions, all Parties agree that:
The wage rates to be paid to all laborers, workers and mechanics who perform any part of this
Contract within King County shall be in accordance with the current local craft labor agreement
as identified in their individual Collective Bargaining Agreement.
Contractors will recognize the current State Prevailing Wage Rate established and required by
Chapter 39.12 of the Revised Code of Washington, as amended, as the minimum rates to be paid
to all craft employees, including pre-fabrication performed in Washington State, during the life
of the program. This requirement applies to laborers, workers and mechanics, employed by the
Contractors or any other person who performs a portion of the work contemplated by this PLA,
within the State of Washington.
The Contractors shall adopt and agree to be bound by the written terms of the legally established
trust provisions for fringe benefit bonds contained in the respective applicable local collective
bargaining agreements for all craft workers, core and union, and payments shall be made by the
Contractors for all craft employees during the life of the Covered Project.
The Contractor shall pay the current increased wage rates and increased contribution rates to the
relevant trust funds purusant to any Collective Bargaining Agreements negotiated by the Unions
during the work performed on the Covered Project, effective when the relevant Collective
Bargaining Agreement goes into effect. Further, the Contractor(s) and its Sub-contractors will
recognize all changes of wages and fringes on the effective date(s) of the individual craft local
collective bargaining agreement. Any retroactive increases will be recognized provided it is part
of the negotiated settlement.
If any Subcontractor is delinquent in any Trust Fund contributions, the Union or the Trust Fund
shall first make every effort to resolve the delinquency. After all efforts have been exhausted, the
Union or Trust Fund shall provide timely notification to the Owner and the Contractor(s),
together with all documentary evidence of the delinquency endorsed by the Fund. Upon such
notification, the Contractor(s) will attempt to resolve the delinquency among its Subcontractor,
the Union and the Fund. If the delinquency is not resolved within ten (10) days thereafter, the
Contractor(s) shall withhold an amount to cover the delinquency from any retained funds
otherwise due and owing to the Subcontractor and shall not release such withholding until the
Subcontractor is in compliance. If the delinquent amounts are undisputed in whole or in part
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Project Labor Agreement
between the Fund and the delinquent Subcontractor, the Contractor(s) shall issue a joint check to
the Fund and the Subcontractor in the amount of the undisputed delinquency.
Copies of the Union Trust Agreements are available upon request.
Section 2. Prefabrication and Assembly
It is our intention that any and all off-site fabrication, customization, assembly or pre-assembly
work will be performed within the local region of the State of Washington.
The provision for wage rates in Article XIII shall also apply to offsite fabrication/customization,
assembly or pre-assembly of parts or components for installation related to new construction on
the Covered Project, if such off site fabrication/customization work is performed in the State of
Washington.
The payment of the applicable rate of wage to said offsite fabrication/customization, assembly or
pre-assembly shall not be construed as applying the following requirements of the Agreement
Article 10 (Helmets to Hardhats), Article 11 (Apprenticeship Utilization), Article 13 (Monthly
Labor Management Meetings), or Article 15 (Substance Abuse Program). However, the
provisions of Article 9 (Subcontracting), Article 6 (Work Stoppages and Lock Outs), and Article
8 (Jurisdictional Disputes) shall apply to such off site fabrication/customization work.
ARTICLE 15
SUBSTANCE ABUSE PROGRAM
The Parties agree to the substance abuse program outlined in Appendix A.
ARTICLE 16
REFERRAL PROCEDURES
Section 1.
For Local Unions now having a job referral system as contained in their Collective Bargaining
Agreement, the Contractor agrees to utilize such system and it shall be used exclusively by such
Contractor, except as it may be modified by this Article. Referrals shall not be affected by
obligations of Union membership or the lack thereof. Where airport security clearance
requirements apply to work to be performed, the Contractor shall inform the Union's hiring hall
dispatcher of those requirements when requesting workers. For those Local Unions having a
Book system as part of their Collective Bargaining Agreement, such system will be honored in
regards to lay-off of workers from covered projects.
Section 2.
In the event that Local Unions are unable to fill any request for employees within the time
specified by the local CBAs the Contractor may employ applicants from any other available
source. The Contractor shall inform the Union of the name and social security number of any
applicants hired from other sources and shall refer the applicant to the Local Union for dispatch
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Project Labor Agreement
to the Covered Project prior to the commencement of work, and make trust fund contributions
for every hour worked.
Section 3.
There shall be no discrimination against any employee or applicant for employment because of
his/her membership or non-membership in the Union or based upon race, creed, color, sex, age
or national origin, or any other legally protected class of such employee or applicant.
Section 4.
No employee covered by this PLA shall be required to join any Union as a condition of being
employed on the Covered Project; provided, however, that an employee who is a member of the
referring Union at the time of the referral shall maintain that membership while employed under
the PLA. All employees shall, however, be required to comply with the union security provision
of the applicable Collective Bargaining Agreement, for the period during which they are
performing on-site work, except as modified by this PLA. The Contractor agrees to deduct union
dues or representation fees, whichever is applicable, from the pay of any employee who executes
a voluntary authorization for such deductions and to remit the dues to the Union or Council.
Initiation fees shall be waived for those employees who are not members of any signatory Union
when they begin work on this Covered Project. The dues obligations of such employees shall be
confined to that portion of union membership dues directly related to representation of workers
in collective bargaining, and in enforcement of the Unions' collective bargaining agreements.
Nothing in this Section is intended to eliminate or affect the right of any employee to join the
Union or the right of any union to collect full dues from its member.
Section 5.
The Parties agree that where a Contractor is not party to a current Collective Bargaining
Agreement with the Union having jurisdiction over the affected work, the Contractor may
request by name, and the Local will honor, referral of up to a maximum of five (5) persons per
each contractor ("core" employees), provided that the Contractor first demonstrate that those
persons possess the following qualifications:
(1) Any license required by state or federal law for the Project work to be performed;
(2) Have worked a total of at least one thousand two hundred (1,200) hours in the
construction craft during the prior two (2) years;
(3) Were on the Contractor's active payroll for at least sixty (60) out of the ninety (90)
calendar days prior to the contract award;
(4) Have the ability to perform the work safely.
The Contractor may elect to hire its first "core" employee to be a foreman. After theContractor
hires his first core employee, the Union will refer to such Contractor one journeyman employee
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from the hiring hall out-of-work list for the affected trade or craft, then refer one of such
Contractor's "core" employees as a journeyman, and shall alternate one core employee and one
employee from the out-of-work list, until such Contractor's crew requirements are met or until
such Contractor has hired five (5) "core" employees, whichever occurs first.
Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from
the hiring hall out-of-work list(s). For the duration of the Contractor's work the ratio of "core"
employees to hiring hall referrals shall be maintained and when the Contractor's workforce is
reduced, employees shall be reduced in the same ratio as was applied in the initial hiring.
All employees, core and union, shall be dispatched from the appropriate union. Trust benefits
shall be paid on all employees, core and union.
Section 6.
Upon referral or dispatch from a Union, "turnaround" or refusal of any worker by the
Contractors, requires written explanation from the Contractor that shall be communicated
through the Prime Contractor to the Port and affected Union within 48 hours.
Section 7.
Individual seniority will not be recognized or applied to employees working on the Project. This
provision will not interfere with or supersede the use by individual Contractors of "call lists"
maintained by such Contractor pursuant to addenda to the local Collective Bargaining
Agreement between such Contractor and a Union signatory to this PLA.
Section 8.
The selection of craft foremen and/or general foremen and the number of such foremen and/or
general foremen required shall be entirely the responsibility of the Contractor. Craft foremen
shall be designated working foremen at the request of the Contractor. Craft workers covered by
this PLA will, in the normal day- to-day operations, take their direction and supervision from
their foreman.
ARTICLE 17
WORK RULES
Section 1.
Parking shall be provided within 3 city blocks or 1500 feet from the Covered Project site,
whichever is shorter. Parking at or near the Covered Project site will be provided to the workers
at no cost. If parking cannot be provided within 3 city blocks or 1500 feet of the Covered Project
site, transportation between the parking area(s) and the work site shall be provided by the
Contractor. E mployees shall be paid at their straight-time hourly rate for time spent in travel
from the work site to the parking area at the end of their shift. Compensated time spent in transit
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Project Labor Agreement
between the work site and the parking area shall not be considered time worked for overtime
purposes.
Section 2.
Security procedures for control of tools, equipment and materials are the responsibility of the
Contractor. Employees having any company property or the property of another employee in
their possession without authorization is subject to immediate discharge. The Contractor will be
responsible for the establishment of reasonable security measures for the protection of personal,
company and owner property.
Section 3.
Any employee who willfully damages the work of any other employee, or any material,
equipment, apparatus, or machinery shall be subject to immediate termination.
Section 4.
In the interest of the future of the construction industry in the Seattle area, of which labor is a
vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge
to work with management on the Covered Project to produce the most efficient utilization of
labor and equipment in accordance with this PLA.
ARTICLE 18
HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS
Section 1: Work Day and Work Week.
Hours of work shall refer to local collective bargaining agreements
Section 2: Starting Times.
Employees shall be at their place of work at the starting time and shall remain at their place of
work (as designated by the Contractor) performing their assigned functions until quitting time.
The place of work shall be defined as the gang or toolbox, or equipment at the employee's
assigned work location or the place where the foreman gives instructions. The Parties reaffirm
their policy of a fair day's work for a fair day's wage. There shall be no pay for time not worked
unless the employee is otherwise engaged at the direction of the Contractor.
Section 3: Overtime.
Overtime shall refer to local collective bargaining agreements
Section 4: Shifts.
Shift work shall refer to local collective bargaining agreements
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Section 5: Holidays.
(a) Holidays. Recognized holidays on the Covered Project shall be New Year's Day, Martin
Luther King's Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day. Recognized holidays under this PLA shall be celebrated
on the date the holiday is celebrated by the Port. Work may be performed on Labor Day when
circumstances warrant, such as for the preservation of life and/or property. There shall be no paid
holidays. If employees are required to work on a holiday, they shall receive the appropriate
overtime rate outlined in the applicable Collective Bargaining Agreement. All overtime shall be
in compliance with applicable State prevailed wage requirements.
Section 6: Reporting Pay.
(a) Reporting Pay. Employees reporting for work and for whom no work is provided, except
when given notification not to report to work, and shall receive four (4) hours pay at the regular
straight-time hourly rate. Employees, who work beyond four (4) hours, shall be paid for actual
hours worked. When an employee is sent to the jobsite from the union referral facility in
response to a request from the Contractor for an employee for one (1) day and starts work at the
designated starting time for his/her shift, the employee will be paid a minimum of eight (8) hours
for that day.
Four (4) hour show-up time is contingent upon successfully completing the drug testing
procedure, if required.
(b) Make- up Day. Should the Contractor be unable to work forty (40) hours in any workweek
due to weather or other conditions over which the Contractor has no control, the Contractor may,
to the extent permitted by the applicable collective bargaining agreement, schedule a make- up
day (Saturday for 5/8 schedule; Friday or Saturday for 4/10 schedule). All hours worked on a
make-up to complete the forty (40) hours for the standard workweek shall be paid at the straight
time rate of pay, if permitted by the State prevailed wage requirements. Any hours in excess of
the standard workweek worked on Saturday shall be paid at time and one-half the straight time
rate of pay. For make- up day work, the full crew must be scheduled. The make-up day may not
be utilized on an individual employee basis, or to make up holidays. Make-up days are voluntary
and should a crew member decline the make-up day work, the Contractor may select a member
of another crew as a replacement, or allow the crew to work without the regular crew member.
All make-up day work will be scheduled for a full work day. All overtime shall be in compliance
with applicable State and Federal prevailed wage requirements.
(c) Call Out Pay. Any employee called out to work outside of his shift shall receive a minimum
of four hours pay at the appropriate rate, including any applicable premium. This does not apply
to time worked as an extension (before or after) of the employee's normal shift.
(d) Discharge/Departure. When an employee leaves the job or work location of his own
volition or is discharged for cause or is not working as a result of the Contractor's invocation of
Safety concerns, the employee shall be paid only for the actual time worked.
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Project Labor Agreement
(e) Premium Rate Day. In all cases, if the employee is reporting on a day on which a premium
rate is paid, reporting pay shall be calculated at that rate.
Section 7: Meal Period.
Employees shall not be required to work more than five (5) hours from the start of the shift
without at least a one-half (1/2) hour unpaid break for lunch. This lunch period shall not begin
earlier than three and one-half (3 ) hours after the start of the shift.
In the event that Employer establishes a ten (10) hour shift, the meal periods shall be at midshift.
Employees meals may be staggered during the period of three and one-half (3 ) to five (5)
hours form the start of their shift to cover necessary work of a continuous nature.
Missed Meals and Additional Meal Periods:
a. If a craft worker is required or allowed to work past five hours, they shall be paid onehalf
(1/2) hour at the applicable overtime rate and shall eat their lunch on company time.
b. By mutual agreement between the Union and the Employer an additional hour of
overtime/penalty pay may be provided in lieu of the above.
c. Craft Workers required to work more than two (2) hours after the end of an eight (8) hour
shift and one (1) hour after a ten (10) hour shift shall be furnished a meal and paid onehalf
(1/2) hour at the applicable wage rate and every five (5) hours thereafter, a Craft
Worker shall be given time for a meal. Mealtime shall be paid at the applicable overtime
rate and adequate lunch shall be provided by the Employer at the job site.
d. By mutual agreement between the Union and the Employer an additional hour of
overtime/penalty pay may be provided in lieu of the above.
Section 8: Security.
The Parties acknowledge that some work within the scope of this PLA will occur in restricted
security areas of an operating airport and seaport and that employees who will be required to
work in such areas will, as a condition of employment on the Covered Project, be subjected to a
10-year personal background check and security clearance and will be required to comply with
regulations imposed by the Port, the Department of Homeland Security (including sub-agencies
such as the Transportation Security Administration and Customs and Border Patrol), and the
Federal Aviation Authority governing access and conduct in such areas. The Unions
acknowledge that such conditions will be imposed and that application and enforcement of such
requirements may be grounds to terminate or deny an employee work on the Covered Project or
to deny access of their representatives to the Covered Project's areas.
ARTICLE 19
SAFETY AND HEALTH
Section 1.
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Project Labor Agreement
The Parties to this PLA will hold a regular Joint Labor/Management Safety Committee meeting
to discuss safety programs and procedures to maintain the highest level of occupational safety on
the Covered Project site.
Section 2.
(a) It shall be the responsibility of each Contractor to ensure safe working conditions and
employee compliance with any safety rules contained herein or established by the Port, or the
Contractor. It is understood that the employees have an individual obligation to use diligent care
to perform their work in a safe manner and to protect themselves and the property of the
Contractor and the Port.
(b) Employees shall be bound by the safety, security and visitor rules and environmental
compliance requirements established by the Contractor, and the Port. These rules will be
published and posted in conspicuous places throughout the work site. An employee's failure to
satisfy their obligations under this Section will subject them to discipline, including discharge.
(c) The use, sale, transfer, purchase and/or possession of a controlled substance, including
Marijuana, and/or alcohol while on the Port's premises at any time during the work day is
prohibited. Accordingly, the Parties have agreed to follow the guidelines for substance abuse and
alcohol testing as stipulated in the Substance Abuse Policy (See Appendix A).
(d) These Procedures outline the safeguards set forth for the testing of employees for prohibited
or controlled substances, adulterants and alcohol. It is agreed, with respect to such testing
procedures, that: (i) no person referred from the Union hiring hall shall be allowed on-site as an
employee until such person has completed and passed any test(s) required under the program; (ii)
a person who is put to work immediately after having passed the tests shall be paid starting at the
time he/she reported for the test(s); and (iii) where a Contractor requests a person to report for
purposes of a pre-employment substance abuse and alcohol test, and does not intend to place
him/her in an active work position on that day, the person shall receive four (4) hours of pay at
the regular straight- time hourly rate if the test is negative.
(e) The unauthorized use or possession of firearms, weapons, explosives or incendiary materials
on or near the Covered Project premises, including Port owned or leased parking lots, is
prohibited. Any employee who violates this provision will be subject to discipline including
discharge and/or removal from the Covered Project.
(f) The Parties acknowledge that the environmental and safety restrictions governing conduct at
the Covered Project site prohibit smoking at any time in any location or facility. Violation of this
restriction by any person will constitute grounds for removal from the site and may result in
termination.
Section 3.
A Contractor may suspend all or a portion of the job to protect the life and safety of an
employee. In such cases, employees will be compensated only for the actual time worked;
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Project Labor Agreement
provided, however, that where the Contractor requests employees to remain at the site and be
available for work, the employees will be compensated for the standby time at their appropriate
hourly rate of pay.
Section 4.
The Contractor shall furnish warm, dry changing rooms of ample size for drying clothes, and
benches and tables for lunch. The contractor shall supply sanitary toilet facilities, including
hand-wash facilities, and sanitary drinking facilities (cool in summer) and sanitary drinking cups.
ARTICLE 20
SAVINGS AND SEVERABILITY
Section 1.
It is not the intention of either the Contractor or the Union parties to violate any laws governing
the subject matter of this PLA. The Parties hereto agree that in the event any provisions of the
PLA are finally held or determined to be illegal or void as being in contravention of any
applicable law, the remainder of the PLA shall remain in full force and effect unless the part or
parts so found to be void are wholly inseparable from the remaining portions of this PLA.
Section 2.
The occurrence of events covered by Sections 1 above shall not be construed to waive the work
stoppage prohibitions of Article 6.
ARTICLE 21
DURATION OF AGREEMENT
Section 1.
This Agreement shall commence upon December 1, 2018 and shall continue in full force for a
period of five years. The parties may mutually agree to amendments or modifications of this
PLA.
Section 2.
The PLA shall continue in full force and effect for each covered project throughout the duration
of each covered project and until the last of the Covered Projects concludes. Either party
desiring to extend this PLA beyond the intended five year term shall make such intentions
known to the other party by written notice as soon as practical, which may be as early as six
month prior to the otherwise effective expiration date of this agreement.
Section 3.
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Project Labor Agreement
(a) Turnover. Construction of any phase, portion, section or segment of the Project shall be
deemed complete when such phase, portion, section or segments has been turned over to the
Owner by the Contractor, and the Owner has accepted such phase, portion, section or segment.
As areas and systems of the Project are inspected and construction tested and/or approved by the
Construction Manager and accepted by the Owner or third parties with the approval of the
Owner, the PLA shall have no further force or effect on such items or areas, except when the
Contractor is directed by the Construction Manager or Owner to engage in repairs or
modifications required by its contract(s) with the Owner.
(b) Notice. Written notice of each final acceptance received by the Contractor will be provided to
the Union with a description of what portion, segment, etc. has been accepted. Final acceptance
may be subject to a "punch list", and in such case, thePLA will continue to apply to each such
item on the list until it is completed to the satisfaction of the Owner and Notice of Acceptance is
given by the Owner to the Contractor.
(c) Termination. Final termination of all obligations, rights and liabilities and disagreements
shall occur upon receipt by the Union of a written notice from the Owner saying that no work
remains within the scope of the PLA.
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Project Labor Agreement
PORT OF SEATTLE:
Signature: ______________________________
Stephen P. Metruck
Executive Director
Port of Seattle
Date: __________________________________
UNIONS:
Seattle/King County Building & Construction Trades Council, AFL-CIO
Signature: ______________________________
Monty Anderson
Executive Secretary
Date: ______________________________
Northwest Construction Alliance II
Signature: ______________________________
Dan Hutchins
Contract Administrator
Heat & Frost Insulators & BAC PNW ADC
Allied Workers Local 7
Signature:___________________________ Signature:_________________________
Todd Mitchell Jesse Sanden
Business Manager Union Representative
Boilermakers Local 502 Cement Masons & Plasterers Local 528
Signature:____________________________ Signature:__________________________
Tracey Eixenberger Eric Coffelt
Business Manager Business Manager
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Project Labor Agreement
IBEW Local 46 Operating Engineers Local 302
Signature:_____________________________ Signature:__________________________
Bud Allbery Daren Konopaski
Business Manager Business Manager
Elevator Constructors Local 19 IUPAT District Council 5
Signature:_____________________________ Signature:__________________________
Patrick Strafer Denis Sullivan
Business Manager Business Manager
Iron Workers Local 86 UA Plumbers & Pipefitters Local 32
Signature:_____________________________ Signature:__________________________
Chris McClain Jeffrey J. Owen
Business Manager Business Manager
Laborers Local 242 Roofers Local 54
Signature:_____________________________ Signature:__________________________
Dale Cannon Steve Hurley
Business Manager Business Manager
Sheet Metal Workers Local 66 Sprinkler Fitters Local 699
Signature:_____________________________ Signature:___________________________
Tim Carter Stanton Bonnell
Business Manager Business Manager
Teamsters Local 174
Signature:_____________________________
Rick Hicks
Secretary-Treasurer
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Project Labor Agreement
APPENDIX A
Substance Abuse Program
The Parties to this PLA recognize the need to provide a drug-free and alcohol-free workplace.
In order to produce as safe a workplace as possible, it is understood and agreed that the Parties
abide by the rules and provisions of the mutually agreed upon substance abuse program includes
the following types of testing: pre-employment, reasonable suspicion, post-accident, random,
and return-to-work.
The Port's Substance Abuse Coordinator (Coordinator)will retain oversight over the program
and the approved Substance Abuse Program Administrator (Administrator) will administer the
testing program and testing services for the entire labor force identified in this PLA.
All testing will be conducted only by laboratories under the strictest federal guidelines, with
special provision to assure test reliability, employee privacy, and confidentiality. All testing will
be conducted only by laboratories approved by the Substance Abuse and Mental Health Services
Administration (SAMHSA) in accordance with the Mandatory Guidelines for Federal Workplace
Testing Programs established by the U.S. Department of Health and Human Services, as
amended.
Any disputes under this Program shall be subject to the grievance procedure, Article 7.
Substance Abuse Program is available upon request.
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Project Labor Agreement
SUBSTANCE ABUSE AND DETECTION THRESHOLD LEVELS
CONTROLLED SCREENING SCREENING
SUBSTANCE METHOD LEVEL
Amphetamines EMIT 500 ng/ml**
Barbiturates EMIT 300 ng/ml
Benzodiazepines EMIT 300 ng/ml
Cocaine EMIT 150 ng/ml**
Methadone EMIT 300 ng/ml
Oxycodone Screen EMIT 100 ng/ml
Opiates EMIT 2000 ng/ml**
PCP (Phencyclidine) EMIT 25 ng/ml**
THC (Marijuana) EMIT 50 ng/ml**
Propoxyphene EMIT 300 ng/ml
Alcohol Breathalyzer .04 Percent
CONFIRMATION CONFIRMATION
METHOD LEVEL
Amphetamines GC/MS 250 ng/ml**
Barbiturates GC/MS 200 ng/ml
Benzodiazepines GC/MS 300 ng/ml
Cocaine GC/MS 100 ng/ml
Methadone GC/MS 100 ng/ml**
Oxycodone Screen GC/MS 100 ng/ml
Opiates GC/MS 2000 ng/ml**
PCP (Phencyclidine) GC/MS 25 ng/ml**
THC (Marijuana) GC/MS 15 ng/ml**
Propoxyphene GC/MS 100 ng/ml
Alcohol Breathalyzer .04 Percent
* All controlled substance including their metabolite components
** SAMHSA specified threshold
A sample reported positive contains the indicated drug at or above the cutoff level for
that drug. A negative sample either contains no drug or contains a drug below the cutoff
level. Testing levels may be changed to meet SAMSHA or revised industry standards.
EMIT Enzyme immunoassay
GC/MS Gas Chromatography/Mass Spectrometry
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Project Labor Agreement
APPENDIX B
PORT OF SEATTLE
LETTER OF ASSENT
MC- 03Enter Number Here
Project Name: Enter Name Here
General/Prime Contractor: Enter Name Here
The undersigned, as a Contractor(s) or Subcontractor(s) on the Enter Project Name Here
Project, for and in consideration of the award of a Contract to perform work on said Project, and
in further consideration of the mutual promises made in the Project Labor Agreement (PLA), a
copy of which was received and is acknowledged, hereby:
(1) On behalf of itself and all its employees, accepts and agrees to be bound by the
terms and conditions of the PLA, together with any and all amendments and
supplements now existing or which are later made thereto, and understands that
any act of non-compliance with all such terms and conditions, including but not
limited to; evidence of compliance with the pre-employment controlled substance
testing, will subject the non-complying Contractor or employee(s) to being
prohibited from the Project Site until full compliance is obtained.
(2) Certifies that it has no commitments or agreements which would preclude its full
compliance with the terms and conditions of said PLA.
(3) Agrees to secure from any Contractor(s) (as defined in said Project Labor
Agreement) which is or becomes a Subcontractor(s) (of any tier), a duly executed
Letter of Assent in form identical to this document prior to commencement of any
work.
Date: Choose Date Company Name: Enter Company Name Here
Name and Title: Enter Name and Title Here
Prime/General Contractor:
Subcontractor: Business Address: Enter Business Address Here
Tier 1: Subcontractor to Name
Tier 2: Subcontractor to Name Telephone Number: Enter Number Here
Tier 3: Subcontractor to Name Choose a Type
Tier 4: Subcontractor to Name
Type Name Here
(Typed Name May Substitute for Signature)
Port of Seattle 4/9/2019
Project Labor Agreement MASTER SPECS
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Project Labor Agreement
Letter of Assent DO NOT ALTER PAGE
Prefabrication Side Letter
Project
Project Labor Agreement
On-site fabrication and installation of components that are traditionally the work of
members of the various building trades Unions signatory to this Agreement will continue to be
recognized as such. If done off-site, it is the Parties' intent that such fabrication will be
performed whenever possible by fabricators located in the Puget Sound area who pay their
employees not less than the current King, Snohomish or Pierce County Washington prevailing
wage for the appropriate classification.
The Unions, signatory to this Agreement, recognize that the timely completion of this
Project is vital to the Port of Seattle and the Community it is intended to serve. Therefore, if the
nature of the work, the Project schedule, or contracting circumstances make it necessary to
obtain fabrication under conditions different than those described above, the Union(s) affected
agree to meet and confer with the Contractor to discuss the reasonable needs of the Project. The
Contractor and the Union(s) affected agree to discuss any other circumstances affecting off-site
fabrication contracting purchases, and any reasons making it necessary to depart from the
intention set forth above. The Union(s) affected agree to install on-site any components
fabricated pursuant to the terms of this letter without limitation. The Parties will make every
effort to keep an open channel of communication to insure that both parties are fully informed of
the facts affecting the substance of this letter.
Date and Signature:
_______________________________________
Stephen P. Metruck
Executive Director
Port of Seattle
Signatory Unions:
_______________________________________
_______________________________________
_______________________________________
30
Project Labor Agreement
__________________________________
Letter of Understanding
Between
Teamsters Local Union No. 174
And
The Port of Seattle for
Project Labor Agreement
Whereas: The work of truck drivers is unique in the execution of the Project Labor Agreements
(PLA) in that much of the work is performed off site, and;
Whereas: It is the intent of the Parties through this LOU to address owner operators performing
truck driving work in the execution and within the scope of this PLA:
Therefore: It is agreed that classifications of work performed by truck drivers that are within the
jurisdiction of Teamsters Local Union No. 174 ("Local 174")and performed in the execution
and within the scope of this PLA, is to be paid the current prevailing wage subject to the
following additions and stipulations:
1. Article 2, applies with full force and effect to all Contractors and Subcontractors of whatever
tier who have been awarded contracts related to the work of truck drivers that is performed in
the execution and within the scope of this PLA. Thus, all such Contractors and
Subcontractors must, among other things, comply with the requirement set forth in Article
16, Section 1, 2, 3 and 4, all truck drivers who perform work within the scope of this PLA
shall be dispatched by Teamsters Local 174, except insofar as limited by the other provisions
of Article 16.
2. The term "employee," as used in Article 16, is defined for the purposes of this Letter of
Understanding to include any person who is performing the work of a truck driver in the
execution and within the scope of this Project, unless modified by the terms of this LOU.
3. At the request of any Contractor or Subcontractor, that Contractor or Subcontractor may
choose to utilize as persons performing the work of truck drivers on this Project persons who
are already in possession of or who wish to provide their own vehicles (hereafter, "owneroperators"
). Use of owner-operators is governed by the following rules:
3.1. Pursuant to the requirements of Article 16, Section 1, 2, 3 and 4, owner-operators
working on the Project must be dispatched by Teamsters Local 174.
31
Project Labor Agreement
3.2. Owner-operators will receive a compensation package equivalent to the prevailing wage
that is applicable to all other employees who are dispatched by Local 174 to the
Contractor or Subcontractor regardless of tier. Owner-operators will also be reimbursed
at the rates established by Local 174 and approved by the Port for the use of owneroperator
vehicles such rates shall be based on and shall not exceed the area standard for
fair market value for the use of the equipment.
3.3. For the purposes of this Letter of Understanding, an owner-operator is defined by WAC
296-127-026.
4. For the purpose of clarification of this document, if an Owner Operator should expand
his/her business opportunities and acquire employees working on the Project, apprenticeship
goals contained in the PLA will apply.
Port of Seattle Teamsters Local 174
___________________________ __________________________
Stephen P. Metruck Rick Hicks
Executive Director Secretary-Treasurer
Port of Seattle
___________________________ __________________________
Date Date
32
Project Labor Agreement
Letter of Understanding
Between
Seattle Building and Construction Trades Council
Northwest Construction Alliance II
And
The Port of Seattle
Priority Hire/Dispatch
This Letter of Understanding seeks to support dispatch of workers to achieve the obligations and
aspirational goals set forth pursuant to Port of Seattle Resolution No. 3736 dated November 28,
2017, which directs development of a Priority Hire program through an agreement executed
between the Port of Seattle and Seattle King County Building and Construction Trades Council
and Northwest Construction Alliance II. The Priority Hire LOU will be applied to projects the
Port may select. Resolution No. 3736 is incorporated herein and attached as Exhibit A. The
purpose of Resolution No. 3736 is to provide good family wage jobs to qualified construction
workers from Economically Distressed Areas of King County by increasing access to Port of
Seattle Projects for those workers.
The signatories to the PLA recognize that public agencies are working together as regional
partners to better understand the workforce demand-supply gap for regional public infrastructure
projects; to enhance access opportunities and to increase the diversity of pre-apprentices,
apprentices and journey-level workers entering into the trades workforce; to support retention
programs for current trades workers; and to improve performance data and systems of reporting
for monitoring regional goals and initiatives.
The Designee will set a requirement for this project that directs the Prime Contractor to utilize
workers from economically distressed ZIP codes for a specified share of total hours worked on
the project by apprentices and journey-level workers. It is agreed that classifications of work
performed under the selected PLA projects will be subject to the following additions and
stipulations:
Section 1. PLA signatories shall make all reasonable efforts to comply with priority hire
requirements and goals as memorialized in Port of Seattle Resolution No. 3736 dated
November 28, 2017, as practicable given the needs of the work to be performed.
Section 2. The Port Designee will set a requirement for this project that directs the Prime
Contractor to utilize workers from an Economically Distressed area ("Priority Workers")
for a specified share of total hours worked on the project by apprentices and journey-level
workers. Workers that qualify towards those requirements shall be identified as "Priority
Worker(s)." A Priority Worker is defined in Port of Seattle Resolution No. 3736 dated
November 28, 2017, as an individual prioritized for recruitment, training and
employment opportunities because the individual is a resident of an Economically
Distressed Area.
33
Project Labor Agreement
Section 3. Contractors shall request and Unions shall dispatch Priority Workers who are
residents of an Economically Distressed Area as defined by King County's Finance and
Business Operations Division and published at
https://www.kingcounty.gov/council/news/2018/March/03-05-hiring.aspx .
Section 4. Labor hours performed by workers living outside of Washington will be
excluded from priority worker calculations that the Port performs when calculating
whether required percentages of total Priority Worker hours were achieved.
Section 5. If Priority Hire requirements are not met, the Port will notify contractors and
unions and request both to describe what measures may be taken to improve outcomes.
The Parties will make every effort to keep an open channel of communication to ensure that both
parties are fully informed of the facts affecting the substance of this letter.
Port of Seattle Seattle/King County Building &
Construction Trades Council,
AFL-CIO
___________________________ __________________________
Stephen P. Metruck Monty Anderson
Executive Director Executive Secretary
Port of Seattle
___________________________ __________________________
Date Date
Northwest Construction Alliance II
Signature: ______________________________
Dan Hutchins
Contract Administrator
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