ARTBA Contractors Meet with White House on PLAs

What happened: ARTBA members and staff met with the White House Office of Information and Regulatory Affairs (OIRA) on May 1, in anticipation of potential new Trump administration policies on project labor agreements (PLAs).  The Federal Highway Administration (FHWA) is reportedly considering updates to its interim guidance for the use of PLAs on federal-aid highway projects, which dates back to the Obama administration in 2010. Any such revision will require OIRA approval before being finalized.

Why this matters: Under the current guidance, a state or local transportation agency may use a PLA only if it is approved in advance by FHWA. The PLA must be consistent with the law in that jurisdiction and – in FHWA’s judgment – meet criteria relating to available workforce, project costs and other factors. A change in that policy could give an agency more leeway to impose a PLA. It is unlikely that ARTBA and other stakeholders will have an opportunity to submit public comments on new guidance once it is finalized and released, so it was important for the association to be heard at this stage of the process.

What they said: ARTBA members Jessica Colbert (Allan Myers) and Greg Andricos (Wagman), whose companies operate across numerous states, shared their concerns about the potential misuses of PLAs. They also cited a recent policy endorsed by Virginia’s Commonwealth Transportation Board – developed in collaboration with the Virginia Transportation Construction Alliance and other key groups – calling for transparency and objective, third-party analysis in any decision to use a PLA.

ARTBA staff reiterated the association’s position that the local industry must be involved in the decision whether or not to deploy a PLA, and development of its terms. 

What’s next: ARTBA will report on any new FHWA guidance when and if it is released.