NY Lab L § 222 (2021)
2021 New York Laws LAB - Labor Article 8 - Public Work 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.