[Federal Register: February 11, 2009 (Volume 74, Number 27)]
[Presidential Documents]
[Page 6985-6987]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe09-121]



                        Presidential Documents




[[Page 6985]]


                Executive Order 13502 of February 6, 2009


                Use of Project Labor Agreements for Federal
                Construction Projects

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, including the Federal Property and
                Administrative Services Act, 40 U.S.C. 101 et seq., and
                in order to promote the efficient administration and
                completion of Federal construction projects, it is
                hereby ordered that:

                Section 1. Policy. (a) Large-scale construction
                projects pose special challenges to efficient and
                timely procurement by the Federal Government.
                Construction employers typically do not have a
                permanent workforce, which makes it difficult for them
                to predict labor costs when bidding on contracts and to
                ensure a steady supply of labor on contracts being
                performed. Challenges also arise due to the fact that
                construction projects typically involve multiple
                employers at a single location. A labor dispute
                involving one employer can delay the entire project. A
                lack of coordination among various employers, or
                uncertainty about the terms and conditions of
                employment of various groups of workers, can create
                frictions and disputes in the absence of an agreed-upon
                resolution mechanism. These problems threaten the
                efficient and timely completion of construction
                projects undertaken by Federal contractors. On larger
                projects, which are generally more complex and of
                longer duration, these problems tend to be more
                pronounced.

                    (b) The use of a project labor agreement may
                prevent these problems from developing by providing
                structure and stability to large-scale construction
                projects, thereby promoting the efficient and
                expeditious completion of Federal construction
                contracts. Accordingly, it is the policy of the Federal
                Government to encourage executive agencies to consider
                requiring the use of project labor agreements in
                connection with large-scale construction projects in
                order to promote economy and efficiency in Federal
                procurement.

                Sec. 2. Definitions.

                    (a) The term ``labor organization'' as used in this
                order means a labor organization as defined in 29
                U.S.C. 152(5).
                    (b) The term ``construction'' as used in this order
                means construction, rehabilitation, alteration,
                conversion, extension, repair, or improvement of
                buildings, highways, or other real property.
                    (c) The term ``large-scale construction project''
                as used in this order means a construction project
                where the total cost to the Federal Government is $25
                million or more.
                    (d) The term ``executive agency'' as used in this
                order has the same meaning as in 5 U.S.C. 105, but
                excludes the Government Accountability Office.
                    (e) The term ``project labor agreement'' as used in
                this order 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).

                Sec. 3. (a) In awarding any contract in connection with
                a large-scale construction project, or obligating funds
                pursuant to such a contract, executive agencies may, on
                a project-by-project basis, require the use of a
                project labor agreement by a contractor where use of
                such an agreement will (i)

[[Page 6986]]

                advance the Federal Government's interest in achieving
                economy and efficiency in Federal procurement,
                producing labor-management stability, and ensuring
                compliance with laws and regulations governing safety
                and health, equal employment opportunity, labor and
                employment standards, and other matters, and (ii) be
                consistent with law.

                    (b) If an executive agency determines under
                subsection (a) that the use of a project labor
                agreement will satisfy the criteria in clauses (i) and
                (ii) of that subsection, the agency may, if
                appropriate, require that every contractor or
                subcontractor on the project agree, for that project,
                to negotiate or become a party to a project labor
                agreement with one or more appropriate labor
                organizations.

                Sec. 4. Any project labor agreement reached pursuant to
                this order shall:

                    (a) bind all contractors and subcontractors on the
                Construction project through the inclusion of
                appropriate specifications in all relevant solicitation
                provisions and contract documents;
                    (b) allow all contractors and subcontractors to
                compete for contracts and subcontracts without regard
                to whether they are otherwise parties to collective
                bargaining agreements;
                    (c) contain guarantees against strikes, lockouts,
                and similar job disruptions;
                    (d) set forth effective, prompt, and mutually
                binding procedures for resolving labor disputes arising
                during the project labor agreement;
                    (e) provide other mechanisms for labor-management
                cooperation on matters of mutual interest and concern,
                including productivity, quality of work, safety, and
                health;and
                    (f) fully conform to all statutes, regulations, and
                Executive Orders.

                Sec. 5. This order does not require an executive agency
                to use a project labor agreement on any construction
                project, nor does it preclude the use of a project
                labor agreement in circumstances not covered by this
                order, including leasehold arrangements and projects
                receiving Federal financial assistance. This order also
                does not require contractors or subcontractors to enter
                into a project labor agreement with any particular
                labor organization.

                Sec. 6. Within 120 days of the date of this order, the
                Federal Acquisition Regulatory Council (FAR Council),
                to the extent permitted by law, shall take whatever
                action is required to amend the Federal Acquisition
                Regulation to implement the provisions of this order.

                Sec. 7. The Director of OMB, in consultation with the
                Secretary of Labor and with other officials as
                appropriate, shall provide the President within 180
                days of this order, recommendations about whether
                broader use of project labor agreements, with respect
                to both construction projects undertaken under Federal
                contracts and construction projects receiving Federal
                financial assistance, would help to promote the
                economical, efficient, and timely completion of such
                projects.

                Sec. 8. Revocation of Prior Orders, Rules, and
                Regulations. Executive Order 13202 of February 17,
                2001, and Executive Order 13208 of April 6, 2001, are
                revoked. The heads of executive agencies shall, to the
                extent permitted by law, revoke expeditiously any
                orders, rules, or regulations implementing Executive
                Orders 13202 and 13208.

                Sec. 9. Severability. If any provision of this order,
                or the application of such provision to any person or
                circumstance, is held to be invalid, the remainder of
                this order and the application of the provisions of
                such to any person or circumstance shall not be
                affected thereby.

                Sec. 10. General. (a) Nothing in this order shall be
                construed to impair or otherwise affect:

  (i) authority granted by law to an executive department, agency, or the
head thereof; or

  (ii) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

[[Page 6987]]

                    (b) This order shall be implemented consistent with
                applicable law and subject to the availability of
                appropriations.
                    (c) This order is not intended to, and does not,
                create any right or benefit, substantive or procedural,
                enforceable at law or in equity by any party against
                the United States, its departments, agencies, or
                entities, its officers, employees, or agents, or any
                other person.

                Sec. 11. Effective Date. This order shall be effective
                immediately and shall apply to all solicitations for
                contracts issued on or after the effective date of the
                action taken by the FAR Council under section 6 of this
                order.
                

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 6, 2009.

[FR Doc. E9-3113 Filed 2-10-09; 1:00 pm]

Billing code 3195-W9-P