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CONSTRUCTION: Repeal of PLAs could save millions

Some question if Gibbons' action will cut government's costs

An executive order signed by Gov. Jim Gibbons in early January could save taxpayers millions of dollars, the leader of a local building trades organization said Thursday.

The order repealed the use of project labor agreements on public works construction projects. Project labor agreements, or PLAs, are collective bargaining agreements between public agencies and local construction unions.


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  • Under a PLA, the project owner is required to use only contractors that adhere to the rules set forth in the agreement, which includes wages, hours, benefits and other labor terms. In exchange, union workers pledge not to strike or pursue any other job actions.

    Nonunion contractors have long contended that PLAs drive up the cost of construction on public projects such as schools and roads.

    Warren Hardy, president of Associated Builders and Contractors, said he doesn't have a calculated estimate on how much will be saved by Gibbons' action, but studies have shown that union labor is 20 percent to 30 percent higher than nonunion labor.

    He said most public works projects were being justified as PLAs under a 1994 executive order from former Gov. Bob Miller.

    Josh Hicks, general counsel for the governor's office, said the order applies only to projects that have a state funding component. He could not provide figures on cost savings.

    "This order doesn't say you can't use a PLA, it just sets forth the statutory scheme," he said.

    With Nevada facing a $400 million budget shortfall, it's important to make the most of taxpayer dollars and spend state funds as efficiently as possible, Hardy said.

    "I think it effectively ends the use of PLAs on any state public works," he said. "I think it gives local governments something to think about. One thing that's a fact is it's going to increase competition."

    State Sen. Dina Titus, D-Las Vegas, said there has been a push from some of the smaller, rural counties in Nevada to get rid of PLAs, but there has never been any legislation to override Miller's order.

    Hardy, a Republican state senator who asked Gibbons to consider signing the executive order, said he's not going to pursue such legislation.

    The savings issue is one thing, Hardy said, but the order also speaks to the anticompetitive nature of PLAs.

    "It's a business issue that has become a political issue," he said.

    PLAs may add cost to a project on the front end, but they could save money in the long run, Titus noted.

    "The argument is you get what you pay for," she said. "You can say it costs more to build public buildings, but if you're not paying benefits, the state's going to pick up that cost with Medicaid and social services. I just don't know."

    She said the state still must comply with the Davis-Bacon Act, a 1931 law that determines the local prevailing wages, a set minimum that must be paid on federally funded or assisted construction projects, regardless if the work is being done by union or nonunion contractors. Nevada has its own prevailing wage law that sets minimum wages for projects that don't use federal funds, too.

    Public works projects haven't been as political at the Clark County level as they've been at the state level, but that could change, Titus said.

    "This is where you'll see partisan politics play out on County Commission elections," she said.

    Nevada AFL-CIO Secretary Treasurer Danny Thompson said 60 percent of contractors working on a PLA project for the Southern Nevada Water Authority were nonunion, evidence that PLAs do not discriminate against them. They were able to bid the job and get it, he said.

    "At the end of the day, this order only revokes the order by Gov. Miller in 1994. I don't think it changes a whole lot," Thompson said. "Here's the important thing, that it's done right the first time. Look no further than the Regional Justice Center in Las Vegas to show what happens when you don't use local skilled craftsmen. Things can get out of hand without these (PLAs) in place."

    Thompson said unions pride themselves on providing trained, skilled labor and when someone asks for 500 certified pipe welders, that's what they get. Private ventures want that guarantee, he said.

    The Las Vegas Chamber of Commerce has a history of actively opposing PLAs.

    "We believe they're unfair to taxpayers and they're noncompetitive in how they limit workers," chamber President Kara Kelley said. "Even if they allow nonunion contractors, there's often a requirement to pay into union funds. It adds cost to the project and it's pretty arcane."

    Kelley said PLAs probably add 30 percent to 40 percent to a project's value, taxpayer dollars that could be better used for other projects that would benefit Southern Nevadans, such as road improvement.

    Victor Fuchs, president of Helix Electric, is applauding the governor's move.

    He's complained for nearly a decade about the unfairness of PLAs, which he claims prevented Helix from bidding on big-money projects such as the $200 million D-gate terminal at McCarran International Airport and the $180 million South Hall expansion at Las Vegas Convention Center.

    He said Gibbons' edict opens up large public jobs to "merit shops," or nonunion contractors, and prevents future state construction jobs from mandating PLAs.

    "It puts public works on a level playing field," he said. "Everyone has the opportunity to bid on work funded by public tax dollars. It gives fair and equal opportunity to everyone."

    Steve Holloway, executive president of Associated General Contractors, said his union members are "not up in arms" about Gibbons' order, especially since there haven't been many PLA projects since Miller left office. Clark County School District had a PLA, but dropped it a couple years ago.

    "It just didn't work out that well for them," Holloway said.

    Current PLA projects under way by the Southern Nevada Water Authority and the airport won't be affected, he said.

    Southern Nevada Water Authority spokesman Scott Huntley said the agency has 14 PLA projects planned or in progress and that the action of the governor does not affect them.

    The Las Vegas Convention and Visitors Authority recently decided to proceed with an $890 million expansion of the convention center without a PLA, reversing course from previous projects.

    The convention authority board approved a PLA in October on the condition that various union representatives sign the agreement by Jan. 18 and that didn't occur, spokesman Vince Alberta said.

    "I don't think that would have flown because painters and carpenters refused to sign it," Holloway said. "They had a dispute over the language in the PLA. They (PLAs) haven't gone too well because it's been difficult to put one together."

    A few years ago, when all the trades were in the AFL-CIO, there was standard language in the PLA to resolve jurisdictional disputes, Holloway said. For example, a water truck could be driven by a laborer, a Teamster or someone from Operating Engineers. All three unions claim that work and all three would have grievances over jurisdiction.

    Now carpenters and laborers have left the AFL-CIO and other trades, such as painters, have stayed. The painters might want jurisdiction language in the PLA that the carpenters don't want, Holloway said.

    It's not a wage issue, Fuchs said. Contractors still have to pay prevailing wages on public projects, including schools. However, workers must join a union or pay union dues, even if they don't want to be part of such organization.

    Fuchs said he would have had to pay double benefits on PLA jobs and couldn't rely on his own labor force. Generally, union workers are hired over nonunion workers.

    "The reason people work for you is, you treat them right. We provide the best available benefits and pay fair wages and provide steady work," he said. "All these guys who've been working for you, now you tell them, 'Sorry guys, you can't work on this job.' "

    He said Gibbons' executive order opens the process to fair competition and allows the state to use the best contractor for the job at hand. It will expand job opportunities, particularly for smaller businesses, and save taxpayer dollars by reducing construction costs.

    Contact reporter Hubble Smith at hsmith@reviewjournal.com or (702) 383-0491.

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    Open Shop Builder wrote on January 26, 2008 08:59 PM: You guys are completely blind. The reason that Open Shop Contractors have no use for the union, is that we get BETTER workers, and can get MORE done with workers that are loyal to their company, instead of to some union that cares ONLY for adding to their health and welfare fund. We can CONSISTENTLY beat the union trades at their own game, while saving $$$ for the owner, and turning the projects over sooner. PLAs are nothing but a way to minimize competition on public works projects. I applaud Mr. Hardy for overturning an antiquated PLA law, that was put in place by Bob Miller, as a way to pay back the unions for their support. Talk about ETHICS problems.... Go look at the amount of $$$$ paid by the different unions PAC funds, to the likes of Dina, Tom Collins, and some of the other pro-union politicians. Bribery is the closest word that comes to mind. And to set "J" straight.... Hardy has no issues with the Prevailing Wage laws, nor do any of the other ABC Members. We can do the work better and cheaper, as we get WAAAAAY more production out of our men. I suggest that the contractors signatory to 357 take a hard look at how Helix makes their men successful. It has nothing to do with taking advantage of their men; It has EVERYTHING to do with them having their materials in the right areas at the right times, and with the Journeyman and Apprenticeship Training that is offered by the ABC. You union brothers better get a grip quick, as in a few years, you will be adding many, MANY more benches to seat the hundreds that will be out of work. We, in the meantime, will continue to eat !!!


    J wrote on January 25, 2008 10:28 AM: Mr. Hardy's attack on PLA's is nothing more than a prelude to an attack on state prevailing wage laws. His statement that non-union contractors can do that work for 30%-40% less is flawed. Work in NV that is funded with State money requires paying the appropriate prevailing wage rate. Non-union contractors typically pay little if any benefits to their workers, so most of their employee costs are based on wages which cost more than benefits because of payroll related taxes. Benefit dollars are exempted from those taxes, so if a contractor is performing that work with union employees, their total employee burden is less due to payments to benefit plans. Contractors who use union employees also have adequate access to apprentices who, as long as they are registered with the State receive reduced wages and benefits in accordance with State law. Recently, there have been a few non-union apprentice programs that were decertified by the state and there are many who are non-functional. As long as non-union contractors are not misclassifying workers (they tend to do so)in order to reduce wages, Union contractors actually have a competitive advantage. There are many good examples of using public works PLA's that show cost savings and early completion on projects, including the last expansion of the convention center, projects covered by the SNWA PLA and recent expansions of the D-terminal at the airport. If Helix Electric was telling the truth about why they wont bid on PLA projects, it wouldn't be about double benefits (which would potentially be limited to 7 employees by most of the PLA's), it would be because he is afraid that if he had a bunch of Union employees, he could be organized by the Electricians Union. Ultimately, Hardy is full of crap.


    Dave L wrote on January 25, 2008 07:35 AM: The R-J reporter writes that "Hardy, a Republican state senator who asked Gibbons to consider signing the executive order, said he's not going to pursue such legislation."

    Would Senator Hardy withstand a conflict-of-interest charge, ie, an ETHICS VIOLATION under NRS 281, for his duplicity in this executive order. Well, yes he would because the Ethics Committee is run by ex-state republican chariman, Patty Cafferetta!


    DJ2 wrote on January 25, 2008 07:09 AM: But, I thought some of the unions were among the main exploiters of illegal labor.


    Paul wrote on January 25, 2008 07:03 AM: When is the last time Mr. Hardy can cite that there was a PLA on a state funded project?? This has nothing to do with saving money and everything to do with Warren Hardy's war on Unions. If in fact his non-union contractors can save 30 to 40 percent in labor on a public works project over a Union contractor, maybe the State Labor Commissioner should be investigating those contractors.

    Hardy is a liar and a theif just like the Union hating contractors he represents.


    Hahnz wrote on January 25, 2008 06:10 AM: Obviously you people have no clue as to the consequences of such an idea! Gibbons idea will only allow more illegals and is basically trying to legalize a cheap labor force. Do you understand what this will do to our economy here in Vegas? This is not a savings...it will create a heavy burden on our social services. These people won't even make enough money to pay rent. And if Gibbons wants to play God with our wages, he then also must play God with Government and State personnel wages as well. That means the cheapest wages for our Police, the Fire Department, Gibbon's secretary and his helicopter pilot, the staff of all Clark County, city officials, and even our Mayor Goodman. You just can't take the working class wages and cut them in half. The real savings would be to eliminate all government, city and state, retirement plans, medical plans, 401K plans, etc. Do you think these kinds of people will allow Gibbons to cut their salaries in half? I doubt it. Gibbons plan will create severe economic consequences in all of Las Vegas's history.


    helen weils wrote on January 25, 2008 05:36 AM: GO GIBBONS! CRUSH THOSE UNIONS!!!!
    YEAH!!!!!


    Bea wrote on January 25, 2008 04:43 AM: Warren Hardy, president of Associated Builders and Contractors, said he doesn't have a calculated estimate on how much will be saved by Gibbons' action,

    Josh Hicks, general counsel for the governor's office, ... could not provide figures on cost savings.

    No one has ANY idea if or what the cost savings will be, yet they repealed the PLAs. Sounds like poor management with an ulterior motive -- Union busting?