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RulesCommunications Highlights 2009 0922
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RulesCommunications Highlights 2009 0922
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10/2/2009 9:15:49 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
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9/22/2009
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_CC Agenda 2009 1005
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\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1005
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2. Requirements to Meet: Going one step further than "best efforts" clauses, requirements <br />to meet impose a specific obligation on the developer. Under these policies, developers <br />are mandated to meet with all applicable trade unions during the planning phases of <br />development. This gives the unions an opportunity to present their benefits, generally <br />associated with labor quality and stability. As an example of a meeting requirement, the <br />Exclusive Negotiating Rights Agreement between the City of San Leandro and Cal <br />Coast Development, LLC for the Shoreline Marina Development project includes the <br />following clause: <br />"Developer shall meet with labor union and trade organization representatives <br />to negotiate terms that will promote labor harmony with respect to the construction <br />and operation of the Project." <br />A meeting requirement ensures that negotiations will take place. Although the results of <br />the process remain uncertain, meeting requirements afford the City the opportunity to <br />mandate amore rigorous outreach process, increasing the likelihood of positive <br />outcomes. Costs to developers from a meeting process are minimal, although a minor <br />impact on the development timeline is possible. <br />3. Prevailing Wage Monitors: A common argument in favor of negotiated labor <br />agreements is that they reduce the risk of prevailing wage abuses. Another way to <br />achieve a similar objective is through the use of an independent prevailing wage <br />monitor. This approach will be used for The Alameda housing project in San Leandro. <br />Commonly, prevailing wage monitors review payroll and hiring paperwork submitted by <br />all contractors working on the project. The use of monitors reduces risk of abuse, <br />particularly for inadvertent or unintentional violations, at a considerably lower cost than <br />the implementation of a more complex agreement. <br />4. Requirements to Negotiate and/or Execute a Project Labor Agreement: Also known <br />as Labor Harmony or Labor Peace Agreements, Project Labor Agreements (PLAs) <br />constitute a legal codification of labor terms that will govern a development project. The <br />parties to a PLA are typically the lead contractor and a collection of trade unions, <br />although public agencies will occasionally be a party to a PLA for public infrastructure <br />projects. Although PLAs do not require all project labor to be union organized, they <br />typically require implementation of working and hiring terms typically associated with <br />union labor. PLAs commonly include the following elements: <br />a. Prohibition of strikes and lock-outs; <br />b. Implementation of union "hiring hall" hiring practices for all contractors; <br />c. Adherence to specified work rules for wages, benefits, overtime, holidays; <br />d. Establishment of dispute resolution procedures; and <br />e. Establishment of a labor committee to meet throughout the duration of the project <br />to monitor labor practices and conditions. <br />Although PLAs do not expressly limit project work to union affiliated contractors, in <br />practice, project work governed by a PLA is performed almost entirely by union labor. <br />2 <br />
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