PLA Preferences in Federal Agency Grants

 

ABC has consistently and vigorously opposed government-mandated project labor agreements and PLA preferences on federal government and federally assisted construction projects, as well as state and local government infrastructure projects. PLAs needlessly increase costs, chill competition and steer hundreds of billions of dollars’ worth of construction projects funded by taxpayers to well-connected special interests, i.e., construction unions and contractors signatory to specific construction unions party to a PLA.

Nevertheless, ABC has identified a significant number of Biden administration federal agency grants––totaling more than $230 billion for infrastructure projects procured by state and local governments––subject to language and policies promoting PLA mandates and preferences that will increase costs and reduce competition on federally assisted construction projects.

Below, ABC has provided information on the numerous federal programs affected by these preferences. While the majority of these programs do not mandate PLAs, many include language significantly increasing an applicant’s score if they utilize PLAs or institute other pro-union provisions.

At this time, it is unclear how many infrastructure projects funded by grant programs have been subjected to local and/or state government-mandated PLAs as a result of this language.

The Biden administration is also attempting to incentivize the use of PLAs on projects funded by tax credits and grants for clean energy construction through the Inflation Reduction Act, and for semiconductor manufacturing facility projects through the CHIPS Act. Visit ABC’s IRA and CHIPS resource pages for more information.

Please reach out to Michael Altman at [email protected] with any questions or comments regarding PLA preferences in federally assisted construction. 

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Department of Agriculture

Rural eConnectivity Program NOFO 2021

Date Published: 10/25/2021

Total funding available: $1.15 billion 1150000000

Mandate/Preference: Preference



Program Summary:

$1.15 billion in loans and grants to facilitate broadband deployment in rural areas.

 

Program Language:

v. Labor Standards (20 points).

The Agency understands the importance of promoting workforce development and encourages recipients to ensure that broadband projects use strong labor standard ... Applicants should include in their applications a description of whether and, if so, how the project will incorporate strong labor standards, including whether workers (including contractors and subcontractors)will be paid wages at or above the prevailing rate ... whether the project will be covered by a project labor agreement; what safety training, professional certifications, in-house training and/or licensure will be required of workers (including contractors and subcontractors); whether a locally-based workforce will be used ... whether its contractors, or subcontractors have any violations of state or federal labor, workplace safety and health, or employment laws within the last five years.

Analysis:
The application criteria scores 'labor standards', with specific reference to PLAs, at over 10% of the total possible score indicating a significant preference. It also contains concerning language around prevailing wage and blacklisting.

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Rural eConnectivity Program NOFO 2022

Date Published: 8/4/2022

Total funding available: $1.15 billion 1150000000

Mandate/Preference: Preference

Program Summary:

$1.15 billion in loans and grants to facilitate broadband deployment in rural areas.

Program Language:

v. Labor Standards (20 points).

The Agency understands the importance of promoting workforce development and encourages recipients to ensure that broadband projects use strong labor standard ... Applicants should include in their applications a description of whether and, if so, how the project will incorporate strong labor standards, including whether workers (including contractors and subcontractors)will be paid wages at or above the prevailing rate ... whether the project will be covered by a project labor agreement; what safety training, professional certifications, in-house training and/or licensure will be required of workers (including contractors and subcontractors); whether a locally-based workforce will be used ... whether its contractors, or subcontractors have any violations of state or federal labor, workplace safety and health, or employment laws within the last five years.

Analysis:
The application criteria scores 'labor standards', with specific reference to PLAs, at over 10% of the total possible score indicating a significant preference. It also contains concerning language around prevailing wage and blacklisting.

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Department of Treasury

Coronavirus State and Local Fiscal Recovery Funds

Date Published: 5/17/2021

Total funding available: $19 billion19000000000

Mandate/Preference: None

Program Summary:

$19.5 billion in COVID fiscal relief funds for state and local governments

Program Language:

It is important that necessary investments in water, sewer, or broadband infrastructure be carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency. Treasury encourages recipients to ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions ... To provide public transparency on whether projects are using practices that promote on-time and on-budget delivery, Treasury will seek information from recipients on their workforce plans and practices related to water, sewer, and broadband projects undertaken with Fiscal Recovery Funds.

Analysis:
Treasury's final rule improperly encouraged state and local governments to adopt PLAs, but was not able to mandate their use as the funds were distributed on a formula basis. ABC issued letters and comments to Treasury opposing this recommendation.

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Centers for Disease Control and Prevention

CDC/HHS NIOSH Cincinnati Facilities

Date Published: 4/6/2022

Total funding available: $110 million 110000000

Mandate/Preference: Unknown

Program Summary:

$110-million project to consolidate and upgrade National Institute of Occupational Safety and Health facilities at the University of Cincinnati.

Program Language:

Statement by HHS Secretary Becerra at Congressional hearing:

BROWN: Appreciate that. And second, president, the president recently put on executive order (ph) in support of the use of Project Labor Agreements for large-scale project—construction projects like the Cincinnati project, it's my expectation that HHS or CDC as its proxy will support the use of a project labor agreement for the construction of this new facility. My staff will be working with your office, with folks at CDC. I'm looking forward to make suring (ph) this project, which is about workers—centers workers in—in its construction in what we need to do.

BECERRA: With you all the way.

Analysis:
As this project moves forward, more information should become available.

Department of Commerce

Internet for All NOFO

Date Published: 5/13/2022

Total funding available: $45 billion45000000000

Mandate/Preference: Preference

Program Summary:

$45 billion in grants to expand broadband/internet access: Broadband Equity, Access, and Deployment (BEAD) Program ($42.5 billion); Enabling Middle Mile Broadband Infrastructure Program ($1 billion); and, State Digital Equity Act programs ($1.5 billion).

Program Language:

BEAD:

1. Eligible Entity Obligations …
e. Fair Labor Practices and Highly Skilled Workforce …
As set forth above in Section IV.B.7, Eligible Entities must give priority to projects based on (among other things) a demonstrated record of and plans to be in compliance with federal labor and employment laws ...
An effective plan for compliance with federal labor and employment laws can include a subgrantee’s binding commitment to strong labor standards and protections for the project workforce (including contractors and subcontractors), which include:
• Paying prevailing wages and benefits to workers, including compliance with DavisBacon and Service Contract Act requirements, where applicable, and collecting the required certified payrolls;
• Using project labor agreements (i.e., pre-hire collective bargaining agreements between unions and contractors that govern terms and conditions of employment for all workers on a construction project);
• Use of local hire provisions;
• Commitments to union neutrality;
• Use of labor peace agreements

b. If a recipient has not provided a certification that a project either will use a unionized project workforce or includes a project labor agreement, meaning a prehire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. § 158(f)), then the recipient must provide a project workforce continuity plan

Analysis:
While not mandating, the grants express a preference for PLA applicants and impose additional administrative requirements on non-PLA applicants.

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CHIPS Incentive Program Commercial Fabrication Facilities

Date Published: 2/28/2023

Total funding available: $113 billion113220000000

Mandate/Preference: Preference

Program Summary:

Up to $113 billion for grants/loans for the construction, expansion, or modernization of facilities for fabrication of semiconductors

Program Language:

BEAD:

The Department strongly encourages the use of project labor agreements (PLAs) in connection with construction projects. Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this NOFO. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery ...

The construction workforce plan should address whether the applicant commits to having a PLA. An applicant that chooses not to use a PLA must take additional steps to ensure that a project will have the necessary construction workforce to timely deliver on its goals.

If an applicant proceeds without a PLA, the applicant must instead provide a project workforce continuity plan

Analysis:
The NOFO strongly encourages PLAs and notes that applicants with PLAs are likely to meet the programs' criteria, while requiring additional information in a "workforce continuity plan" for non-PLA applicants.

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Tribal Connectivity Program

Date Published: 7/27/2023

Total funding available: $980 million980000000

Mandate/Preference: Preference

Program Summary:

$980 million to expand access to broadband service on tribal lands

Program Language:

NTIA understands the importance of promoting workforce development and encourages recipients to ensure that broadband projects use strong labor standards, consistent with Tribal law, including project labor agreements and community benefit agreements ...

h. A description of whether and, if so, how the project will incorporate strong labor standards, consistent with Tribal law, including project labor agreements and community benefit agreements that offer wages at or above the prevailing rate and include local hire provisions, and a description of the applicant’s workforce plans and practices.

Analysis:
The NOFO states a clear preference for PLAs and includes a section on PLA usage in the application.

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Department of Transportation

RAISE Grants NOFO

Date Published: 2/1/2022

Total funding available: $2.275 billion2275000000

Mandate/Preference: Preference

Program Summary:

$2.275 billion in grants for capital investments in surface transportation that will have a significant local or regional impact.

Program Language:

The DOT encourages applicants to address each criterion. Insufficient information to assess any criterion will negatively impact the project rating. ... (e) Economic Competitiveness and Opportunity: This section of the application should describe how the project will support the Economic Competitiveness and Opportunity criterion. ... Applicants should also describe whether and how project delivery and implementation create good-paying jobs with the free and fair choice to join a union to the greatest extent possible, the use of demonstrated strong labor standards, practices and policies (including for direct employees, contractors, and sub-contractors); use of project labor agreements, and distribution of workplace rights notices; the use of Local Hire provisions; registered apprenticeships; or other similar standards or practices. Applicants should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements and/or Local Hire provisions ... provides opportunities for all workers.

Analysis:
Based on the criteria in the NOFO, it seems unlikely a project without PLAs/union labor will receive a "medium" or "high" score on the Economic Competitiveness and Opportunity criterion. This would limit its chances of successfully receiving a grant award.

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Bus/Bus Facilities NOFO

Date Published: 3/4/2022

Total funding available: $372 million372000000

Mandate/Preference: Preference

Program Summary:

$372 million in grants for purchasing/repairing buses and repairing, purchasing or constructing bus facilities.

Program Language:

Applicants for facility projects should also describe whether and how project delivery and implementation create good-paying jobs with the free and fair choice to join a union to the greatest extent possible, the use of demonstrated strong labor standards, practices and policies (including for direct employees, contractors, and sub-contractors); distribution of workplace rights notices; the use of local and economic hiring provisions; registered apprenticeships; or other similar standards or practices; or, for facility projects over $35 million, the use of Project Labor Agreements. Applicants should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements and/or local and economic hiring provisions, and training and placement programs for underrepresented workers) provides opportunities for all workers, including workers underrepresented in construction jobs to be trained and placed in good-paying jobs directly related to the project. FTA will give priority consideration to projects that create good paying jobs with the free and fair choice to join a union and these strong labor protections.

Analysis:
FTA makes it clear that applications with PLAs/union support will have preference.

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Combined NOFO

Date Published: 3/25/2022

Total funding available: $2.8 billion2850000000

Mandate/Preference: Preference

Program Summary:

National Infrastructure Project Assistance grants (Mega)—$1 billion in grants for large, complex projects likely to generate national/regional benefits.

Nationally Significant Multimodal Freight and Highways Projects (INFRA) grants—$1.55 billion in grants for multimodal freight and highway projects of national or regional significance.

Rural Surface Transportation Grant program—$300 million in grants for projects to improve and expand surface transportation infrastructure in rural areas.

Program Language:

Criterion #3: Economic Impacts, Freight Movement, and Job Creation: This section of the application should describe how the project will contribute to at least one of the following outcomes … result in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union in project construction and in on-going operations and maintenance, and incorporate strong labor standards, such as through the use of project labor agreements, registered apprenticeship programs, and other joint labor-management training programs.

This can be documented by a signed letter for a labor union, or worker organization that describes the number and characteristics of high-quality jobs on the project.

Analysis:
The NOFO clearly states that projects will be scored based on inclusion of unions/PLAs, including specific examples on how PLAs will increase the score under Criteria 3. It may be possible for projects without PLAs to successfully apply but they will be at a disadvantage.

View Resource

Small Shipyard Grants NOFO

Date Published: 4/6/2022

Total funding available: $20 million 20000000

Mandate/Preference: Mandate

Program Summary:

$20 million in grants for improvements to qualified shipyards.

Program Language:

MARAD seeks to fund projects that describe credible planning activities and project delivery actions to advance quality jobs and workforce programs and hiring policies that promote workforce inclusion. Applicants should describe how their planning and project delivery supports (a) strong labor standards and the choice to join a union, including project labor agreements and distribution of workplace rights notices; (b) support of high-quality workforce development programs, including registered apprenticeship, labor management training programs, and supportive services to help train, place, and retain people in good-paying jobs and apprenticeship.

Analysis:
Strong pro-PLA language. The NOFO states applicants "should describe" inclusion of PLAs. Could be interpreted as a mandate.

View Resource

Carbon Reduction Program Guidance

Date Published: 4/21/2022

Total funding available: $6.4 billion 6400000000

Mandate/Preference: None

Program Summary:

$6.4 billion for transportation projects aimed at reducing emissions

Program Language:

Highway programs, including CRP, may provide opportunities to support the creation of good-paying jobs, including jobs with the free and fair choice to join a union, and the incorporation of strong labor standards, such as the use of project labor agreements; employer neutrality with respect to union organizing; the use of an appropriately trained workforce (in particular registered apprenticeships and other joint labor-management training programs); and the use of an appropriately credentialed workforce in project planning stages and program delivery.

Analysis:
DOT suggests and encourages the usage of PLAs but does not require them.

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Safe Streets and Roads for All NOFO

Date Published: 5/16/2022

Total funding available: $1 billion 1000000000

Mandate/Preference

Program Summary:

$1 billion in funding for projects to ensure safe streets and roads

Program Language:

Selection Criterion #4: Climate Change and Sustainability, and Economic Competitiveness. This program's focus on equity and safety are also advanced by considerations of how applications address climate and sustainability considerations, as well as whether applications support economic competitiveness ... and the extent to which the proposal is expected to: Result in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union, incorporate strong labor standards (e.g., wages and benefits at or above prevailing; use of project labor agreements, registered apprenticeship programs, pre-apprenticeships tied to registered apprenticeships, etc.) ...

Projects over $35 million shall meet the requirements in Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects (87 FR 7363).

Analysis:
The grants identify PLAs as improving an application's score, and mandate PLAs for all projects over $35 million.

View Resource

Natural Gas Distribution Infrastructure Safety and Modernization Grant NOFO

Date Published: 5/24/2022

Total funding available: $200 million200000000

Mandate/Preference: Preference

Program Summary:

$200 million grant program for natural gas pipeline improvement

Program Language:

Output Criteria #3: Job Creation – The applicant should describe how the project will contribute to at least one of these outputs: 1) result in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union in project construction and in on-going operations and maintenance, and incorporate strong labor standards, such as paying prevailing wages and benefits, the use of project labor agreements, the use of community benefits agreements registered apprenticeship programs, pre-apprenticeships tied to registered apprenticeships, and other joint labor-management training programs ...

1. Technical Review Criteria
Applications will be evaluated against the following technical criteria ...
Does the project have a project labor agreement?
If not, how does the project propose to ensure ready access to a sufficient supply of appropriately skilled labor to ensure high-quality construction throughout the life of the Project, such as a description of the operator qualification program, any required professional certifications and/or in-house training, registered apprenticeships or labor-management partnership training programs, and partnerships like unions, community colleges, or community-based groups?

Analysis:
The NOFO mentions PLAs in two different sets of criteria, indicating a significant preference for projects with PLAs. It also imposes an additional burden on non-PLA applicants to describe how they will supply a "sufficient supply of appropriately skileld labor."

View Resource

Bridge Investment Program NOFO

Date Published: 6/10/2022

Total funding available: $2.38 billion 2380000000

Mandate/Preference: Preference

Program Summary:

$2.38 billion in grants for bridge improvement/replacement projects

Program Language:

Criterion #3: Mobility and Economic Competitiveness …
The application should describe in detail how the project is expected to support a strong economy and labor market and thereby contribute to national or regional significance and benefits. This includes the creation of good-paying jobs with the free and fair choice to join aunion, and the incorporation of strong labor standards including project labor agreements, use of local and economic hiring preferences, workforce development programs and registered apprenticeships, and labor management partnerships. The application should also describe in detail how the project is expected to support the hiring and retention of historically underrepresented groups of workers, including through use of local and economic hiring preferences, investments in high-quality workforce development programs with supportive services, and other policies ...
Highly Responsive ...
The project sponsor demonstrates creation of good-paying jobs, that may result in equitable access to those jobs, with a free and fair choice to join a union and the incorporation of strong labor standards and includes strategies for bring underrepresented workers into the workforce. This can be documented by a signed letter from a labor union, or worker organization that describes the number and characteristics of highquality jobs on the project

Analysis:
The usage of PLAs and/or signed support from labor unions is clearly indicated as needed to obtain a 'Highly Responsive' score for Criteria #3, indicating a disadvantage for non PLA/union work.

View Resource

Port Infrastructure Development Program Grants NOFO

Date Published: 2/8/2023

Total funding available: $662 million662203512

Mandate/Preference: Preference

Program Summary:

$662 million for grants to improving the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports

Program Language:

In addition to the BCA, the applicant may also wish to describe economic impacts and other data-supported outcomes that may not have been included in the benefit-cost analysis, such as how the project supports American industry and will result in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union in project construction and in on-going operations and maintenance, and incorporate strong labor standards, such as through the use of project labor agreements, registered apprenticeship programs, and other joint labor-management training programs.

Section G: Workforce Development, Job Quality, and Wealth Creation Applicants should address how their project will create good-paying jobs with the free and fair chance to join a union in project construction; incorporate strong labor standards, such as through the use of project labor agreements...

Reviewers will evaluate whether the applicant’s approach to project delivery and implementation creates good-paying jobs to the greatest extent possible. For example, reviewers will assess whether the project plan includes the free and fair choice to join a union in project construction; incorporates project labor agreements...

Analysis:
The NOFO mentions PLAs as an option to improve the applicant's Benefit Cost Analysis, as well as improving their Section G criteria. Under selection criteria, it again emphasizes that reviewers will consider PLAs and other labor issues "to the greatest extent possible."

View Resource

RAISE NOFO

Date Published: 12/15/2022

Total funding available: $1.5 billion1500000000

Mandate/Preference: Preference

Program Summary:

$1.5 billion in grants for surface transportation infrastructure projects

Program Language:

g. Partnership and Collaboration
DOT will consider the extent to which the project has or will support and engage diverse people and communities ... including through evidence of project labor agreements and/or community benefit agreements.

Analysis:
The application criteria indicates that PLAs are one option for improving an applicant's score.

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All Stations Accessiblity Program NOFO

Date Published: 7/26/2022

Total funding available: $343 million343000000

Mandate/Preference

Program Summary:

$343 millon in competitive grants for improving accessiblity of rail stations

Program Language:

FTA will also give priority consideration to projects that create good paying jobs with the free and fair choice to join a union and these strong labor protections. Applicants for capital projects should describe whether and how project delivery and implementation create goodpaying jobs with the free and fair choice to join a union to the greatest extent possible, the use of demonstrated strong labor standards, practices and policies (including for direct employees, contractors, and subcontractors); distribution of workplace rights notices; the use of local and economic hiring provisions; registered apprenticeships; or other similar standards or practices; or, for capital projects over $35 million, the use of Project Labor Agreements. Applicants should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements and/or local and economic hiring provisions, and training and placement programs for underrepresented workers ) provides opportunities for all workers

Analysis:
The NOFO clearly states that projects with PLAs will be prioritized, and implements EO 14063’s mandate on projects over $35 million.

View Resource

Ferry Programs Combined NOFO

Date Published: 7/8/2022

Total funding available: $294 million294000000

Mandate/Preference

Program Summary:

$294 million in funding split across three programs aimed at the construction, repair, and improvement of ferry services

Program Language:

Applicants for facility projects should also describe whether and how project delivery and implementation create good-paying jobs with the free and fair choice to join a union ... the use of demonstrated strong labor standards ... the use of local and economic hiring provisions; registered apprenticeships; or other similar standards or practices; or, for facility projects over $35 million, the use of Project Labor Agreements. Applicants should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements or local and economic hiring provisions, and training and placement programs for underrepresented workers) provides opportunities for all workers, including workers underrepresented in construction jobs to be trained and placed in good-paying jobs directly related to the project. FTA will give priority consideration to projects that create good paying jobs with the free and fair choice to join a union and these strong labor protections.

Analysis:
The NOFO clearly states that projects with PLAs will be prioritized, and implements EO 14063’s mandate on projects over $35 million.

View Resource

Reconnecting Communities Pilot Program NOFO

Date Published: 6/30/2022

Total funding available: $1 billion1000000000

Mandate/Preference: Preference

Program Summary:

$1 billion in funding for reconnecting disadvantaged communities negatively impacted by existing transportation infrastructure

Program Language:

i. Merit Criteria ... #4: Equitable Development and Shared Prosperity DOT will rate Planning Grant proposals on their approach to, and Capital Construction Grant proposals on having addressed, one or more of the following ...
In addition to the above, Capital Construction Grant applications should also address labor considerations by describing how the grant will support and use:

• Good-paying jobs with the free and fair choice to join a union, the incorporation of strong labor standards, pro-active anti-discrimination and anti-harassment plans, project labor agreements, workplace rights notices, training and placement programs, and local hiring and procurement preferences, particularly for underrepresented workers and individuals with convictions.

• High-quality workforce development programs with supportive services to train, place, and retain workers, especially joint-labor management training partnerships and registered apprenticeships.

Analysis:
PLAs and other pro-union policies represent a significant factor in Criteria #4, which is one of only 4 merit criteria. Projects with PLAs and/or union support likely have a significant advantage

View Resource

Wildlife Crossings Pilot Program

Date Published: 4/4/2023

Total funding available: $118 million 111850000

Mandate/Preference: Preference

Program Summary:

$118 million for projects that seek to reduce the number of wildlife-vehicle collisions and improve habitat connectivity

Program Language:

The program will be implemented in line with Administration and Departmental policies and orders including ... Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects (87 FR 7363).

Analysis:
The NOFO states that the program will be implemented in line with the PLA mandate EO, but provides no further clarity on how this will be implemented.

View Resource

Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Program

Date Published: 4/21/2023

Total funding available: $118 million 848000000

Mandate/Preference: Preference

Program Summary:

$848 million to make transportation infrastructure and service more resilient to climate change and extreme weather events

Program Language:

After completing the merit review, among projects of similar merit, FHWA will prioritize projects that meet one or more of the following:
1. Exceptional benefits under merit criteria #5 Equity and Justice40
2. Workforce Development, Job Quality, and Wealth Creation
Application reflects one or more of the following:
• Include project labor agreements ...

Analysis:
The NOFO clearly indicates PLAs are one option for priortizing the application over projects of similar merit.

View Resource

Combined NOFO FY2023-2024

Date Published: 6/7/2023

Total funding available: $5.575 billion 5575000000

Mandate/Preference: Preference

Program Summary:

National Infrastructure Project Assistance grants (Mega)—$1.8 billion in grants for large, complex projects likely to generate national/regional benefits.
Nationally Significant Multimodal Freight and Highways Projects (INFRA) grants—$3.1 billion in grants for multimodal freight and highway projects of national or regional significance.
Rural Surface Transportation Grant program—$675 million in grants for projects to improve and expand surface transportation infrastructure in rural areas.

Program Language:

Criterion #3: Economic Impacts, Freight Movement, and Job Creation: This section of the application should describe how the project will contribute to at least one of the following outcomes … result in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union in project construction and in on-going operations and maintenance, and incorporate strong labor standards, such as through the use of project labor agreements, registered apprenticeship programs, and other joint labor-management training programs ...

Example 3: The project sponsor provided a letter from a labor union or worker organization that describes the number and characteristics of the high-quality jobs on the project, and indicating that the project sponsor intends to utilize a project-labor agreement.

Analysis:
The NOFO clearly states that projects will be scored based on inclusion of unions/PLAs, including specific examples on how PLAs will increase the score under Criteria 3.

View Resource

Department of Transportation - Bridge Investment Program, Large Bridge Project Grants

Date Published: 9/27/2023

Total funding available: $9.62 billion 9620000000

Mandate/Preference: Preference

Program Summary:

$9.62 billion for bridge improvement projects with total costs greater than $100 million

Program Language:

"Criterion #3: Economic Competitiveness and Opportunity ... The application should describe in detail how the project is expected to support a strong economy and labor market and thereby contribute to national or regional significance and benefits. This support includes the creation of good-paying jobs with a free and fair choice to join a union, and the incorporation of strong labor standards including project labor agreements, use of local and economic hiring preferences, workforce development programs and registered, apprenticeships, and labor management partnerships. h. DOT Priority Considerations After completing the technical review consisting of the Merit Criteria, Economic Analysis Rating, and Project Readiness Rating, among projects of similar merit, DOT will prioritize a Large Bridge Project that ... ) The project considers Workforce Development, Job Quality and Wealth Creation such as the creation of good-paying jobs directly related to the project, that may result in equitable access to those jobs, with a free and fair choice to join a union, expand training programs, and incorporates strong labor standards and includes strategies such as targeted hiring preferences for bringing in and retention of historically underrepresented workers into the workforce (42) 42: Examples of such consideration may include using a project labor agreement ... "

Analysis:
The NOFO states that incoporating a PLA will both strengthen an application's Merit Criteria and improve a project's chances of receiving priority consideration over other projects of equal merit.

View Resource

Department of Transportation - RAISE Grants FY 2024 NOFO

Date Published: 11/30/2023

Total funding available: $1.5 billion 1500000000

Mandate/Preference: Preference

Program Summary:

$1.5 billion in grants for capital investments in surface transportation that will have a significant local or regional impact.

Program Language:

Economic Competitiveness and Opportunity The Department will assess whether and how the project will improve economic competitiveness and opportunity. For this assessment, DOT will consider ... create good-paying jobs with free and fair choice to join a union including through the use of a project labor agreement ...

Partnership and Collaboration
The Department will consider the extent to which the project has or will support and engage diverse people and communities. For this assessment, DOT will consider ... partner and engage with local unions or other workerbased organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements.

Examples of such consideration may include using a project labor agreement ... "

Analysis:
The criteria in the NOFO encourage the use of PLAs under both the Economic Competitiveness and Partnership socring criteria.

View Resource

Federal Aviation Adminstration

Contract Tower Grants NOFO

Date Published: 4/15/2022

Total funding available: $20 million 20000000

Mandate/Preference: None

Program Summary:

$20 million in grants for improvements to construct/repair/upgrade rural/small town airport control towers.

Program Language:

Applications for FY 2022 FCT Competitive Grant Program will be rated using the following criteria: The applicant should describe whether and how project delivery and implementation creates good-paying jobs with the free and fair choice to join a union to the greatest extent possible, the use of demonstrated strong labor standards, practices and policies (including for direct employees, contractors, and sub-contractors); use of project labor

The applicant should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements and/or Local Hire Provisions, training and placement for underrepresented workers) provide opportunities for all workers.

Analysis:
PLAs/labor standards are 1 out of only 5 application criteria, indicating a strong advantage for applicants with PLAs.

View Resource

Airport Terminal Program NOFO

Date Published: 9/28/2022

Total funding available: $1 billion 1000000000

Mandate/Preference: Preference

Program Summary:

$1 billion in grants to to upgrade, modernize, and rebuild airport terminals and airport-owned Airport Traffic Control Towers

Program Language:

The applicant should describe whether and how project delivery and implementation create good-paying jobs with the free and fair choice to join a union to the greatest extent possible, the use of demonstrated strong labor standards, practices and policies (including for direct employees, contractors, sub-contractors, and service workers on airport property); use of project labor agreements; distribution of workplace rights notices; union neutrality agreements; wage and/or benefit standards; the use of Local Hire Provisions; registered apprenticeships; or other similar standards or practices. The applicant should describe how planned methods of project delivery and implementation (for example, use of Project Labor Agreements and/or Local Hire Provisions, training and placement for underrepresented workers) provide opportunities for all workers, including workers underrepresented in construction jobs to be trained and placed in good-paying jobs directly related to the project. FAA will consider this information in evaluating the application.

Analysis:
The application criteria includes labor standards and PLAs as one of only six main criteria for rating applications, indicating a clear peference.

View Resource

Federal Railroad Administration

Consolidated Rail Infrastructure and Safety Improvement NOFO

Date Published: 9/2/2022

Total funding available: $1 billion 1400000000

Mandate/Preference: Preference

Program Summary:

$1 billion in grants for investment in railroad infrastructure and safety

Program Language:

(B) Equitable Economic Strength and Improving Core Assets.

1. Infrastructure Investment and Job Creation. In support of Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829), and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335), FRA will assess the project's ability to contribute to economic progress stemming from infrastructure investment and associated job creation in the industry. Such considerations will include, but are not limited to, the extent to which the project results in long-term job creation by supporting good-paying construction and manufacturing jobs directly related to the project with free and fair choice to join a union, such as through the use of project labor agreements, pre-apprenticeships tied to Registered Apprenticeships, Registered Apprenticeships, community-benefit agreements, and local hiring provisions, or other targeted preferential hiring requirements, or other similar standards or protections; invests in vital infrastructure assets and provides opportunities for families to achieve economic security through rail industry employment.

Analysis:
The NOFO includes labor standards/PLAs as a significant component of one of five strategic goals used to assess applications.

View Resource

Railroad Crossing Elimination Program NOFO

Date Published: 6/30/2022

Total funding available: $573 million 573000000

Mandate/Preference: Mandate

Program Summary:

$573 million in grants for highway/pathway-rail crossing improvements

Program Language:

Each applicant selected for grant funding should ensure planning activities and project delivery actions advance good-paying, quality jobs and workforce programs and hiring policies that promote workforce inclusion ... the project must support: (a) strong labor standards and the choice to join a union, including project labor agreements and distribution of workplace rights notices; (b) support of high-quality workforce development programs, including registered apprenticeship, labor-management training programs, and supportive services to help train, place, and retain people in good-paying jobs and apprenticeship; and (c) comprehensive planning and policies to promote hiring and inclusion for all groups of workers, including through the use of local and economic hiring preferences

Analysis:
The language could be interpreted as a mandate that all grant awardees must use project labor agreements. At the least, the NOFO indicates a preference for applicants using PLAs.

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Interstate Rail Compacts

Date Published: 9/5/2023

Total funding available: $1 billion 5815800

Mandate/Preference: Preference

Program Summary:

$5.8 million to help states build intercity rail

Program Language:

After the eligibility and completeness review and the evaluation and selection criteria outlined in this section, FRA will then consider the extent to which the projects address the following DOT Strategic Goals ...

ii. Economic Strength and Global Competitiveness

FRA will assess the project's ability to contribute to economic progress stemming from infrastructure investment and associated job creation in the industry. Such considerations will include, but are not limited to, the extent to which the project results in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union, and in on-going operations and maintenance, and incorporates strong labor standards, such as through the use of project labor agreements or union neutrality agreements; includes comprehensive planning and policies to promote hiring of underrepresented populations including local and economic hiring preferences and investments in high-quality workforce development programs with supportive services, including labor-management programs, to help train, place, and retain people in good-paying jobs or registered apprenticeship, and invests in vital infrastructure assets.

Analysis:
The NOFO indicates that DOT will consider PLAs as a benefit to the applicant's alignment with the DOT's Strategic Goals, indicating these applications will be stronger than others.

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Special Transportation Circumstances Projects

Date Published: 8/18/2023

Total funding available: $139 million 139022333

Mandate/Preference: Preference

Program Summary:

$139 million for rail transportation projects

Program Language:

Selection Criteria

In addition to the eligibility and completeness review and the evaluation criteria outlined in this subsection, the FRA will prioritize projects that use data-driven and evidence-based methods to apply the following DOT Strategic Goals ...

iv. Economic Strength and Global Competitiveness.
FRA intends to use the STC program to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships ... Such considerations will include, but are not limited to, the extent to which the project results in high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union, and in on-going operations and maintenance, and incorporates strong labor standards, such as through the use of project labor agreements or union neutrality agreements.

Analysis:
The NOFO indicates that PLAs will assist a project's socre under one of five selection critieria.

View Resource

Department of Transportation - Strengthening Mobility and

Date Published: 5/13/2024

Total funding available: $139 million 11500000000

Mandate/Preference: Preference

Program Summary:

$11.5 billion in grants for advanced smart city or community technologies

Program Language:

• Project Readiness Criterion #1: Feasibility of Workplan ...

The application identifies the necessary planning and engagement activities that, as projects are fully implemented during Stage 2, will ensure high-quality job creation by supporting good-paying jobs with a free and fair choice to join a union, incorporating strong labor standards (e.g., wages and benefits at or above prevailing, use of project labor agreements , registered apprenticeship programs, pre-apprenticeships tied to registered apprenticeships, etc.)

Analysis:
The criteria in the NOFO encourage the use of PLAs under the Feasibility of Workplan criteria.

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Department of Energy

School Energy Efficiency Grant RFI

Date Published: 4/8/2022

Total funding available: $500 million 500000000

Mandate/Preference: Unknown

Program Summary:

$500 million in grants for improving energy efficiency of schools (HVAC, ventilation, lighting, etc.) and vehicles.

Program Language:

Category 4: Workforce: The Department of Energy strongly supports investments that expand union jobs, improve job quality through the adoption of strong labor standards, improve job access. ... The Department intends to use Section 40541 funding to support good-paying jobs with the free and fair choice to join a union, as well as training and placement programs, especially joint labor-management partnership efforts, registered apprenticeships, and preapprenticeship programs to support access to career-tracking training and employment for workers from disadvantaged communities. The Department will emphasize the use of local hire, encourage applicants to provide a plan to attract, train, retain, or transition the workforce, and ask applicants to demonstrate how they are engaging with labor unions and joint labor-management training programs.

Are there school retrofit programs or policies (e.g., project labor agreements, etc.) that have led to optimal workforce outcomes, and if so, please describe.

Analysis:
As this is a Request for Information and not a NOFO, the DOE has not technically outlined any PLA preference/requirement here. However, the language of the RFI makes it so this will be part of the NOFO once it becomes available.

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Battery Materials Processing and Battery Manufacturing

Date Published: 5/2/2022

Total funding available: $3.1 billion 3100000000

Mandate/Preference: (see analysis)

Program Summary:

$3.1 billion for improving battery supply chain, including constructing/expanding battery material processing facilities

Program Language:

Describe the applicant’s plan to attract, train, and retain a skilled and well qualified workforce for planed manufacturing and construction activity in a timely fashion to ensure project stability, continuity, and success. This may include, but is not limited to ... For construction activity, Project Labor Agreements ... When developing the Plan, the applicants should consider that for large construction projects (above $35M or possibly lower, on a case by case basis), DOE may require a Project Labor Agreement (PLA), an agreement between contractors and labor unions, as well as participation in Department of Labor’s Mega-Construction Project program that provides technical assistance to promote work opportunities for disadvantaged workers. Assessment of applicability will be conducted on a case-by-case basis and in consultation with awardees to ensure project feasibility.

Analysis:
Specifically outlines a $35 million PLA mandate in alignment with the EO, as well as a preference for PLAs in applications under that threshold.

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Preventing Outages and Enhancing the Resilience of the Electric Grid RFI

Date Published: 5/2/2022

Total funding available: $2.3 billion 2300000000

Mandate/Preference: Unknown

Program Summary:

$2.3 billion to strengthen/modernize the power grid against natural disasters

Program Language:

For strong labor standards and protections and workforce engagement, the applicant should (1) address how the project will use strong labor standards and protections (including for direct employees, contractors, and sub-contractors), such as through the use of project labor agreements, local hire agreements, and (2) outline of a plan to attract, train, and retain an appropriately skilled workforce (i.e., through registered apprenticeships and other joint labor-management training programs that serve all workers, particularly those underrepresented or historically excluded); plans to partner with a training provider (labor, community college, etc.); and the use of an appropriately credentialed workforce (i.e., requirements for appropriate and relevant professional training, certification, and licensure) ...

Ensuring IIJA programs improve opportunities and include high labor standards and the free and fair choice to join a union is a key priority of this Administration ... Incorporating strong labor standards and protection and workforce engagement into program planning and implementation will promote effective and efficient delivery of high-quality projects and support the economic recovery through strong employment opportunities for workers.

Analysis:
As this program is still in the RFI/Notice of Intent phase, it will need to be tracked to determine what the exact nature of its PLA requirements/preferences are.

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Long Duration Energy Storage for Everyone, Everywhere Initiative RFI

Date Published: 5/12/2022

Total funding available: $505 million 505000000

Mandate/Preference: Unknown

Program Summary:

 

Program Language:

$505 million in grants for construction of energy storage systems

DOE strongly supports investments that expand jobs with a free and fair chance to join or form a union, improve job quality through the adoption of strong labor standards. .. The term “good jobs” is intended to broadly capture these concepts ...

Category 3: Employment: Expanding Union Jobs and Effective Workforce Development ... 27. What tools should the energy storage programs utilize to meet the goal of creating work opportunities for local residents in the construction phase and long-term operations phase of the project ( e.g. Project Labor Agreements, Community Benefits Agreements, etc.)?

Analysis:
As this program is still in the RFI/Notice of Intent phase, it will need to be tracked to determine what the exact nature of its PLA requirements/preferences are.

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Department of Energy - Regional Direct Air Capture Hub NOI

Date Published: 5/19/2022

Total funding available: $3.5 billion3500000000

Mandate/Preference: Unknown

Program Summary:

$3.5 billion in grants to help build carbon dioxide capture facilities

Program Language:

Phase 1 application requirements are anticipated to include, but will not be limited to, the following … Plan for meaningful stakeholder engagement based on a transparent process, including an evaluation of the impacts, costs, benefits and burdens of the proposed DAC hub on local communities as well as engagement with relevant construction trade unions to ensure the availability of a skilled workforce to support timely construction processes and, as appropriate, status on implementation of the plan.

Analysis:
As this program is still in the Notice of Intent phase, it will need to be tracked to determine what the exact nature of its PLA requirements/preferences are.

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Carbon Capture Demonstration Projects NOFO

Date Published: 2/23/2023

Total funding available: $1.7 billion1700000000

Mandate/Preference: Mandate/Preference

Program Summary:

$1.7 billion for grants to carbon capture and projects that demonstrate improvements in thel performance of carbon capture technologies

Program Language:

The applicant should consider that for large construction projects , DOE may require a Project Labor Agreement (PLA), an agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on a construction project. Assessment of applicability will be conducted on a case-by-case basis ...

Within the Community Benefits Plan, the applicant is encouraged to provide specific detail on how to ensure feedback mechanisms and accountability, including for data collection and analysis activities. As applicable, applicants are encouraged to use negotiated agreements between the applicant and relevant community and labor unions referred to collectively here as “Workforce and Community Agreements”. Workforce and Community Agreements include good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs can improve an applicants' score even if not mandated.

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Carbon Capture Large-Scale Pilot Projects NOFO

Date Published: 2/23/2023

Total funding available: $820 million820000000

Mandate/Preference: Mandate/Preference

Program Summary:

$820 million for grants to fund carbon capture large-scale pilot projects designed to accelerate the development/deployment of technologies that capture carbon emissions

Program Language:

The applicant should consider that for large construction projects, DOE may require a Project Labor Agreement (PLA), an agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on a construction project. Assessment of applicability will be conducted on a case-by-case basis ...

Within the Community Benefits Plan, the applicant is encouraged to provide specific detail on how to ensure feedback mechanisms and accountability, including for data collection and analysis activities. As applicable, applicants are encouraged to use negotiated agreements between the applicant and relevant community and labor unions referred to collectively here as “Workforce and Community Agreements”. Workforce and Community Agreements include good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs can improve an applicants' score even if not mandated.

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Civil Nuclear Credit Program Guidance

Date Published: 3/2/2023

Total funding available: $6 billion6000000000

Mandate/Preference: Preference

Program Summary:

$6 billion for grants to prevent the retirement of nuclear reactors

Program Language:

Applicants are encouraged to submit Community and Labor Partnership Documentation from established labor and community-based organizations that demonstrate the Applicant’s ability to achieve the above stated objectives, as outlined in the Community Benefits Plan. Within the Community Benefits Plan, the Applicant is encouraged to provide specific details on how to ensure the delivery of measurable community and jobs benefits, ideally using negotiated agreements between the Applicant and the community, and/or the Applicant and labor unions, referred to collectively as “Workforce and Community Agreements.” These agreements include but are not limited to good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements. See the information below for the Community Benefits Plan content requirements.

Analysis:
The NOFO encourages usage of PLAs and other collective bargaining agreements to strengthen an application.

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Industrial Decarbonization and Emissions Reduction Demonstration-to-Deployment Funding Opportunity Announcement

Date Published: 3/8/2023

Total funding available: $6 billion6000000000

Mandate/Preference: Preference

Program Summary:

$6 billion for grants to prevent the retirement of nuclear reactors

Program Language:

Within the CBP, the applicant is encouraged to provide specific detail on how to ensure accountability and the delivery of measurable benefits, ideally through the use of negotiated agreements between the applicant and the community or communities and/or the applicant and labor unions referred to collectively here as “Workforce and Community Agreements”. Workforce and Community Agreements include good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements.

The applicant should consider that for large construction projects, DOE may require a Project Labor Agreement (PLA), an agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on a construction project. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs can improve an applicants' score even if not mandated.

View Resource

Clean Energy Demonstration Program on Current and Former Mine Land

Date Published: 4/4/2023

Total funding available: $450 million450000000

Mandate/Preference

Program Summary:

$450 million for grants for clean energy demonstration projects on current and/or former mine land

Program Language:

Criterion 5: Community Benefits Plan (20%) ... The extent to which the actions outlined in the Community Benefits Plan are supported by enforceable, negotiated Workforce and Community Agreements (e.g., good neighbor agreements, workforce agreements, project labor agreements, collective bargaining agreements, and similar agreements), and/or by community ownership or equity models.

The applicant should consider that for large construction projects, DOE may require a Project Labor Agreement (PLA), an agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on a construction project. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs can improve an applicants' score even if not mandated.

View Resource

Tidal Energy Advancement

Date Published: 5/8/2023

Total funding available: $45 million45000000

Mandate/Preference

Program Summary:

$45 million for tidal/current energy projects

Program Language:

DOE strongly encourages the use of project labor agreements (PLAs) in connection with construction projects ... Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this FOA. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery.

For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs care encouraged and avoid additional application requirements even if not mandated.

View Resource

FEED Studies for Production of CMM from Coal-Based Resources

Date Published: 7/13/2023

Total funding available: $32 million32000000

Mandate/Preference

Program Summary:

$32 million to develop extraction/refining of critical minerals from coal

Program Language:

DOE strongly encourages the use of project labor agreements (PLAs) in connection with construction projects. A PLA is a pre-hire agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on the construction project. Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this FOA. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery.

For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs care encouraged and avoid additional application requirements even if not mandated.

View Resource

Materials, Operation, and Recycling of Photovoltaics

Date Published: 7/21/2023

Total funding available: $20 million20000000

Mandate/Preference

Program Summary:

$20 million to reduce material usage, improve installation quality and resilience of photovoltaic (PV) systems

Program Language:

DOE strongly encourages the use of project labor agreements (PLAs) in connection with construction projects. A PLA is a pre-hire agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on the construction project. Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this FOA. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery.

For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs care encouraged and avoid additional application requirements even if not mandated.

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Critical Materials Innovation, Efficiency, and Alternatives

Date Published: 09/06/2023

Total funding available: $150 million150000000

Mandate/Preference

Program Summary:

$150 million for creation of innovative methods and technologies for the efficient and sustainable provision of critical materials

Program Language:

Officer before incurring any major construction costs. DOE strongly encourages the use of Project Labor Agreements (PLAs) in connection with construction projects. A PLA is a pre-hire agreement between a private entity (or entities) and a labor organization (or organizations) representing individuals who will be working on the construction project. Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this FOA. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery.

For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
The NOFO specifically states that DOE may mandate PLAs for recipients' "large construction projects." It also indicates that PLAs care encouraged and avoid additional application requirements even if not mandated.

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Department of Energy - Grid Resilience and Innovative Partnerships

Date Published: 11/13/2023

Total funding available: $3.9 billion3900000000

Mandate/Preference

Program Summary:

$3.9 billion to modernize the American electric grid

Program Language:

Because Project Labor Agreements (PLAs) have been shown to reduce project costs, avoid work delays, and improve efficiency, they are preferred on construction projects of all sizes and may be required for large construction projects (above $35M or possibly lower, on a case-by-case basis). Assessment of applicability will be conducted on a case-by-case basis and in consultation with recipients to ensure project feasibility ...

It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association. Applicant should provide a description of how and if they plan to affirmatively support worker organizing and collective bargaining. This might include a commitment to negotiate pre-hire project labor agreements for construction activity , a pledge to remain neutral during any union organizing campaigns, intention or willingness to permit union recognition through card check (as opposed to requiring union elections), intention or willingness to enter into binding arbitration to settle first contracts, a pledge to allow union organizers access to appropriate onsite non-work places (e.g., lunch rooms), a pledge to refrain from holding captive audience meetings, and other supportive commitments or pledges ...

DOE strongly encourages the use of project labor agreements (PLAs) in connection with construction projects ... Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this FOA. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery. For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis. For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
Multiple times throughout the NOFO, the DOE indicates that PLAs and other pro-union committments are key to fulfilling the NOFO critiera. The DOE also states that large scale projects may have a PLA mandate.

View Resource

Department of Energy - Battery Materials Processing and Battery Manufacturing

Date Published: 11/15/2023

Total funding available: $3.5 billion3500000000

Mandate/Preference

Program Summary:

$3.5 billion for battery material processing/manufacutring facilities

Program Language:

DOE strongly encourages the use of project labor agreements (PLAs) in connection with construction projects ... Applicants that commit to using best-practice project labor agreements will generally be likely to produce a construction workforce plan that meets the criteria in this FOA. By contrast, applicants that do not commit to using a PLA will be required to submit workforce continuity plans and show that they have taken other measures to reduce the risk of delays in project delivery.

For large construction projects, DOE may require a PLA. Assessment of applicability will be conducted on a case-by-case basis.

Analysis:
Multiple times throughout the NOFO, the DOE indicates that PLAs and other pro-union committments are key to fulfilling the NOFO critiera. The DOE also states that large scale projects may have a PLA mandate.

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Department of Interior

PACW-1 Commercial Leasing for Wind Power Proposed Sale Notice

Date Published: 5/31/2022

Total funding available: $0 0

Mandate/Preference: Mandate

Program Summary:

Proposed sale notice for commercial wind energy leases offshore of California

Program Language:

The first stipulation would require Lessees to make every reasonable effort to enter into a PLA covering the construction stage of any project proposed for the Lease Areas. The PLA provisions for the construction of an offshore wind project would apply to all contractors.

Analysis:
This PSN directly mandates any lessees use PLAs if possible.

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Environmental Protection Agency - Environmental Justice Collaborative Problem-solving (EJCPS) Cooperative Agreement Program NOFO

Date Published: 5/2/2022 30000000

Total funding available: $30 million

Mandate/Preference: Preference

Program Summary:

$30 million in grants to nonprofits to address environmental/public health issues for disadvantaged communities

Program Language:

The EPA also encourages project labor agreements(i.e., pre-hire collective bargaining agreements between unions and contractors that govern terms and conditions of employment for all workers on a construction project); the use of an appropriately trained workforce (i.e., through registered apprenticeships and other joint labor-management training programs that serve all workers, particularly those historically excluded); the use of an appropriately credentialed workforce (i.e., requirements for appropriate and relevant professional training, certification, and licensure); and neutrality with respect to union organizing.

Analysis:
A more mild preference in that the application does not specifically score for PLAs but generally encourages their use.

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Environmental Protection Agency - Environmental Justice Government-to-Government Program NOFO

Date Published: 1/10/2023

Total funding available: $70 million70000000

Mandate/Preference: Preference

Program Summary:

$70 million in grants to state/local government & nonprofit partnerships to address environmental/public health issues in disadvantaged communities

Program Language:

The EPA also encourages project labor agreements (i.e., pre-hire collective bargaining agreements between unions and contractors that govern terms and conditions of employment for all workers on a construction project); the use of an appropriately trained workforce (i.e., through registered apprenticeships and other joint labor-management training programs that serve all workers, particularly those historically excluded); the use of an appropriately credentialed workforce (i.e., requirements for appropriate and relevant professional training, certification, and licensure); and neutrality with respect to union organizing.

Analysis:
A more mild preference in that the application does not specifically score for PLAs but generally encourages their use.

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Bureau of Reclamation

FY 2023 Spend Plan

Date Published: 3/29/2022

Total funding available: $1.66 billion 1660000000

Mandate/Preference: None

Program Summary:

Outlines $1.66 billion in spending by the Bureau of Reclamation on Western water infrastructure across a wide range of allocations and grants.

Program Language:

This landmark investment will rebuild America’s critical infrastructure, tackle the climate crisis, advance environmental justice, and drive the creation of good-paying union jobs.

Analysis:
The spend plan does not specifically state how it will support unions/PLAs but matches the administration's language on these issues. It is likely we will need to look out for language included in specific grants and projects as the funding rolls out in the coming months/years.

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Bureau of Ocean Energy Management

Carolinas Lease Area Sale

Date Published: 3/28/2022

Total funding available: $0 0

Mandate/Preference: Mandate

Program Summary:

Wind energy auction for two offshore lease areas in the Carolina Long Bay area.

Program Language:

To advance this vision, BOEM has included two lease stipulations that will encourage construction efficiency for projects and contribute towards establishing a domestic supply chain:

i. The first stipulation requires lessees to make every reasonable effort to enter a project labor agreement covering the construction stage of any project proposed for the lease areas. The PLA provisions for the construction of an offshore wind project will apply to all contractors.

Analysis:
The Bureau is explicitly requiring PLAs for any construction on the lease areas in its final sale notice.

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California Lease Area Sale

Date Published: 3/29/2022

Total funding available: $0 0

Mandate/Preference: Unknown

Program Summary:

Wind energy auction for offshore lease areas in California.

Program Language:

This notice allows the public to provide feedback on key stipulations related to project labor agreements.

Analysis:
A proposed sale notice will be coming out soon containing specifics on PLA stipulations.

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Environmental Protection Agency

Climate Pollution Reduction Grants Program

Date Published: 2/1/2022

Total funding available: $4.6 billion4600000000

Mandate/Preference: Preference

Program Summary:

$4.6 billion for implementation greenhouse gas emission reduction plans

Program Language:

Section 5: Job Quality (5 possible points)
In alignment with Executive Order 14082: Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022, EPA is committed to using IRA investments, including the CPRG program, to support the creation of high-quality, family-sustaining jobs with the free and fair choice to join a union ...

• Use of Project Labor Agreements or Community Workforce Agreements on construction projects;

Analysis:
The NOFO mentions PLAS as an option to improve applicant's Job Quality score, alongside a number of other pro-union provisions. However, the Job Quality section only represents 2% of the overall application socre.

View Resource