2023 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.