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AG C <br /> IQ <br /> ASSOCIATED GENERAL CONTRACTORS 4 WASHINGTON <br /> Skill•Integrity•Responsibility <br /> Associated General Contractors of Washington <br /> Public Testimony to Everett City Council, 10/9/2019 <br /> RE: Resolution: Project Labor Agreements and Community Workforce Agreements <br /> Good evening. My name is Sonja Forster and I am testifying on behalf of the Associated General Contractors of Washington <br /> regarding the resolution to consider the use of PLA's or CWA's on Major Construction Projects. <br /> AGC is neutral on the topic of Project Agreements but will always remain committed to fair and open competition in public <br /> works. <br /> We strongly believe the decision to enter into a collective bargaining agreement should be left up to the contractor-employer <br /> and their employees. When certain Project Agreements are negotiated without employers at the bargaining table there are <br /> many negative impacts. Primarily,they suppress access to public works-particularly for the majority of local, small, minority <br /> and women owned businesses,they increase costs due to restrained competition and administrative burdens, we see jobsite <br /> disputes increase dramatically with little benefit to anyone but attorneys, and they disrupt local collective bargaining. <br /> The proposed resolution indicates the City of Everett's staff would determine if a Project Agreement would be imposed, but <br /> are they the most qualified to make this decision? In cases where a Project Agreement would benefit a project, the <br /> construction contractors selected as qualified to perform the work would be the first to recognize that fact and enter into a <br /> Project Agreement voluntarily. This will happen without the need for council action. <br /> We strongly caution the City not to follow in the footsteps of the other area jurisdictions which have chosen to negotiate such <br /> Project Agreements directly with the Building Trades Unions,yet the Resolution specifically asks City staff to consider <br /> adopting provisions created in this ill-gotten manner. <br /> This may lead to significant legal problems. The National Labor Relations Board in Seattle's Region 19 (with the support of the <br /> NLRB Division of Advice in Washington, D.C.) is currently in the process of issuing a Complaint in Case No. 19-CE-234627— <br /> concerning a Labor Agreement executed by the Washington State Department of Transportation and the Unions in question. <br /> This agreement is very similar to the Project Agreements negotiated in the City of Seattle, King County,the Port of Seattle, <br /> and Sound Transit—the very Project Agreements this Resolution is asking City staff to duplicate. <br /> If you have any questions about legal issues concerning Labor Agreements and public works in the Puget Sound Region, <br /> please contact our AGC of Washington staff who's contact information is provided for you below. In the meantime, we urge <br /> you to not advance this resolution so that the City of Everett can continue to offer fair and legal contracting opportunities for all <br /> construction businesses regardless of size or affiliation. <br /> Thank you, <br /> Sonja Forster <br /> AGC of Washington <br /> Seattle District Manager <br /> Contact AGC of Washington: <br /> David D'Hondt Lance Calloway Sonja Forster <br /> Executive Vice President: Northern District Manager: Seattle District Manager: <br /> ddhondt@aqcwa.com Icalloway@a,agcwa.com sforstera(�agcwa.com <br /> (206)284-0061 (360)961-5323 (206)284-0061 <br />