FAR 52.222-34 - Project Labor Agreement

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Prescribed in 22.505(b)(1)
Effective Date:	1 May 2010
Clause or Provision:	Clause
Provision or Clause Number:	52.222-34 - Project Labor Agreement
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Cost Reimbursement, Construction; Fixed Price, Construction
Optional:	Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Time & Material/Labor Hour; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:	Employment/Labor/Wages
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription (b) (1) Insert the clause at 52.222-34, Project Labor Agreement, in all solicitations and contracts associated with the construction project. (2) Use the clause with its Alternate I if an agency allows submission of the project labor agreement after contract award.
Clause Overview:	Clause (a) Definitions As used in this clause— “Labor organization” means a labor organization as defined in 29 U.S.C. 152(5). “Project labor agreement” means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). Requirements (b) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into prior to the award of this contract in accordance with solicitation provision 52.222-33, Notice of Requirement for Project Labor Agreement. Flowdowns (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts with subcontractors engaged in construction on the construction project. Alternates Alternate I (May 2010). As prescribed in 22.505(b)(2), substitute the following paragraphs (b) through (f) for paragraphs (b) and (c) of the basic clause: (b) Consistent with applicable law, the Contractor shall negotiate a project labor agreement with one or more labor organizations for the term of this construction contract. The Contractor shall submit an executed copy of the project labor agreement to the Contracting Officer. (c) Consistent with applicable law, the project labor agreement reached pursuant to this clause shall— (1) Bind the Contractor and all subcontractors engaged in construction on the construction project to comply with the project labor agreement; (2) Allow the Contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements; (3) Contain guarantees against strikes, lockouts, and similar job disruptions; (4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the project labor agreement; (5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (6) Fully conform to all statutes, regulations, Executive orders, and agency requirements. (d) Any project labor agreement reached pursuant to this clause does not change the terms of this contract or provide for any price adjustment by the Government. (e) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into pursuant to this clause. (f) Subcontracts. The Contractor shall require subcontractors engaged in construction on the construction project to agree to any project labor agreement negotiated by the prime contractor pursuant to this clause, and shall include the substance of paragraphs (d) through (f) of this clause in all subcontracts with subcontractors engaged in construction on the construction project.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:
Editor:	Marshall

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Personal notes.