§ 222 — Project labor agreements

§ 222. Project labor agreements. 1. Definition. "Project labor\nagreement" shall mean a pre-hire collective bargaining agreement between\na contractor and a bona fide building and construction trade labor\norganization establishing the labor organization as the collective\nbargaining representative for all persons who will perform work on a\npublic work project, and which provides that only contractors and\nsubcontractors who sign a pre-negotiated agreement with the labor\norganization can perform project work.\n 2. Contracts. Notwithstanding the provisions of any general, special\nor local law, or judicial decision to the contrary:\n (a) Any agency, board, department, commission or officer of the state\nof New York, or of any political subdivision thereof as defined in\nsection one hundred of the general municipal law, municipal corporation\nas defined in section sixty-six of the general construction law, public\nbenefit corporation, or local or state authority as defined in section\ntwo of the public authorities law having jurisdiction over the public\nwork may require a contractor awarded a contract, subcontract, lease,\ngrant, bond, covenant or other agreement for a project to enter into a\nproject labor agreement during and for the work involved with such\nproject when such requirement is part of the agency, board, department,\ncommission or officer of the state of New York, political subdivision,\nmunicipal corporation, public benefit corporation or local or state\nauthority having jurisdiction over the public work request for proposals\nfor the project and when the agency, board, department, commission or\nofficer of the state of New York, political subdivision, municipal\ncorporation, public benefit corporation or local or state authority\nhaving jurisdiction over the public work determines that its interest in\nobtaining the best work at the lowest possible price, preventing\nfavoritism, fraud and corruption, and other considerations such as the\nimpact of delay, the possibility of cost savings advantages, and any\nlocal history of labor unrest, are best met by requiring a project labor\nagreement.\n (b) Any contract, subcontract, lease, grant, bond, covenant or other\nagreement for projects undertaken pursuant to this section shall not be\nsubject to the requirements of separate specifications (referred to as\nthe Wicks Law) when the agency, board, department, commission or officer\nof the state of New York, or political subdivision thereof, municipal\ncorporation, public benefit corporation or local or state authority\nhaving jurisdiction over the public work has chosen to require a project\nlabor agreement, pursuant to paragraph (a) of this subdivision.\n (c) Whenever the agency, board, department, commission or officer of\nthe state of New York, or political subdivision thereof, municipal\ncorporation, public benefit corporation or local or state authority\nhaving jurisdiction over the public work enters into a contract,\nsubcontract, lease, grant, bond, covenant or other agreement for the\nconstruction, reconstruction, demolition, excavation, rehabilitation,\nrepair, renovation, alteration, or improvement for a project undertaken\npursuant to this section, it shall be deemed to be a public works\nproject for the purposes of this article, and all the provisions of this\narticle shall be applicable to all the work involved with such project\nincluding, but not limited to, the enforcement of prevailing wage\nrequirements by the fiscal officer as defined in paragraph (e) of\nsubdivision five of section two hundred twenty of this article.\n (d) Every contract entered into by any agency, board, department,\ncommission or officer of the state of New York, or any political\nsubdivision thereof, municipal corporation, public benefit corporation\nor local or state authority having jurisdiction over the public work for\na project shall contain a provision that the design of such project\nshall be subject to the review and approval of the entity and that the\ndesign and construction standards of such project shall be subject to\nthe review and approval of such state entity, if applicable. In\naddition, every such contract shall contain a provision that the\ncontractor shall furnish a labor and material bond guaranteeing prompt\npayment of moneys that are due to all persons furnishing labor and\nmaterials pursuant to the requirements of any contracts for a project\nundertaken pursuant to this section and a performance bond for the\nfaithful performance of the project, which shall conform to the\nprovisions of state or local law, and that a copy of such performance\nand payment bonds shall be kept by such entity and shall be open to\npublic inspection.\n (e) Any contract, subcontract, lease, grant, bond, covenant, or other\nagreement for construction, reconstruction, demolition, excavation,\nrehabilitation, repair, renovation, alteration, or improvement with\nrespect to each project undertaken pursuant to this section, the entity\nshall consider the financial and organizational capacity of contractors\nand subcontractors in relation to the magnitude of work they may\nperform, the record of performance of contractors and subcontractors on\nprevious work, the record of contractors and subcontractors in complying\nwith existing labor standards and maintaining harmonious labor\nrelations, and the commitment of contractors to work with minority and\nwomen-owned business enterprises pursuant to article fifteen-A of the\nexecutive law through joint ventures of subcontractor relationships.\nWith respect to any contract for construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration,\nor improvement in excess of three million dollars in the counties of the\nBronx, Kings, New York, Queens, and Richmond; one million five hundred\nthousand dollars in the counties of Nassau, Suffolk and Westchester; and\nfive hundred thousand dollars in all other counties within the state;\nthe entity shall further require that each contractor and subcontractor\nshall participate in apprentice training programs in the trades of work\nit employs that have been approved by the department for not less than\nthree years and shall have graduated at least one apprentice in the last\nthree years and shall have at least one apprentice currently enrolled in\nsuch apprenticeship training program. In addition, it must be\ndemonstrated that the program has made significant efforts to attract\nand retain minority apprentices, as determined by affirmative action\ngoals established for such program by the department.\n