N.Y. Labor Law § 222: Project labor agreements

§ 222. Project labor agreements. 1. Definition. "Project labor

agreement" shall mean a pre-hire collective bargaining agreement between

a contractor and a bona fide building and construction trade labor

organization establishing the labor organization as the collective

bargaining representative for all persons who will perform work on a

public work project, and which provides that only contractors and

subcontractors who sign a pre-negotiated agreement with the labor

organization can perform project work.

2. Contracts. Notwithstanding the provisions of any general, special

or local law, or judicial decision to the contrary:

(a) Any agency, board, department, commission or officer of the state

of New York, or of any political subdivision thereof as defined in

section one hundred of the general municipal law, municipal corporation

as defined in section sixty-six of the general construction law, public

benefit corporation, or local or state authority as defined in section

two of the public authorities law having jurisdiction over the public

work may require a contractor awarded a contract, subcontract, lease,

grant, bond, covenant or other agreement for a project to enter into a

project labor agreement during and for the work involved with such

project when such requirement is part of the agency, board, department,

commission or officer of the state of New York, political subdivision,

municipal corporation, public benefit corporation or local or state

authority having jurisdiction over the public work request for proposals

for the project and when the agency, board, department, commission or

officer of the state of New York, political subdivision, municipal

corporation, public benefit corporation or local or state authority

having jurisdiction over the public work determines that its interest in

obtaining the best work at the lowest possible price, preventing

favoritism, fraud and corruption, and other considerations such as the

impact of delay, the possibility of cost savings advantages, and any

local history of labor unrest, are best met by requiring a project labor

agreement.

(b) Any contract, subcontract, lease, grant, bond, covenant or other

agreement for projects undertaken pursuant to this section shall not be

subject to the requirements of separate specifications (referred to as

the Wicks Law) when the agency, board, department, commission or officer

of the state of New York, or political subdivision thereof, municipal

corporation, public benefit corporation or local or state authority

having jurisdiction over the public work has chosen to require a project

labor agreement, pursuant to paragraph (a) of this subdivision.

(c) Whenever the agency, board, department, commission or officer of

the state of New York, or political subdivision thereof, municipal

corporation, public benefit corporation or local or state authority

having jurisdiction over the public work enters into a contract,

subcontract, lease, grant, bond, covenant or other agreement for the

construction, reconstruction, demolition, excavation, rehabilitation,

repair, renovation, alteration, or improvement for a project undertaken

pursuant to this section, it shall be deemed to be a public works

project for the purposes of this article, and all the provisions of this

article shall be applicable to all the work involved with such project

including, but not limited to, the enforcement of prevailing wage

requirements by the fiscal officer as defined in paragraph (e) of

subdivision five of section two hundred twenty of this article.

(d) Every contract entered into by any agency, board, department,

commission or officer of the state of New York, or any political

subdivision thereof, municipal corporation, public benefit corporation

or local or state authority having jurisdiction over the public work for

a project shall contain a provision that the design of such project

shall be subject to the review and approval of the entity and that the

design and construction standards of such project shall be subject to

the review and approval of such state entity, if applicable. In

addition, every such contract shall contain a provision that the

contractor shall furnish a labor and material bond guaranteeing prompt

payment of moneys that are due to all persons furnishing labor and

materials pursuant to the requirements of any contracts for a project

undertaken pursuant to this section and a performance bond for the

faithful performance of the project, which shall conform to the

provisions of state or local law, and that a copy of such performance

and payment bonds shall be kept by such entity and shall be open to

public inspection.

(e) Any contract, subcontract, lease, grant, bond, covenant, or other

agreement for construction, reconstruction, demolition, excavation,

rehabilitation, repair, renovation, alteration, or improvement with

respect to each project undertaken pursuant to this section, the entity

shall consider the financial and organizational capacity of contractors

and subcontractors in relation to the magnitude of work they may

perform, the record of performance of contractors and subcontractors on

previous work, the record of contractors and subcontractors in complying

with existing labor standards and maintaining harmonious labor

relations, and the commitment of contractors to work with minority and

women-owned business enterprises pursuant to article fifteen-A of the

executive law through joint ventures of subcontractor relationships.

With respect to any contract for construction, reconstruction,

demolition, excavation, rehabilitation, repair, renovation, alteration,

or improvement in excess of three million dollars in the counties of the

Bronx, Kings, New York, Queens, and Richmond; one million five hundred

thousand dollars in the counties of Nassau, Suffolk and Westchester; and

five hundred thousand dollars in all other counties within the state;

the entity shall further require that each contractor and subcontractor

shall participate in apprentice training programs in the trades of work

it employs that have been approved by the department for not less than

three years and shall have graduated at least one apprentice in the last

three years and shall have at least one apprentice currently enrolled in

such apprenticeship training program. In addition, it must be

demonstrated that the program has made significant efforts to attract

and retain minority apprentices, as determined by affirmative action

goals established for such program by the department.