DATE: April 11, 2001
SUBJECT: Executive Order 13208, Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects
SOURCE: Federal Register; April 11, 2001, Vol. 66, No. 70, page 18717
AGENCIES: The President
ACTION: Issuance of Executive Order
SYNOPSIS: On April 11, 2001, President Bush issued Executive Order 13208 to amend Executive Order 13202 to permit existing "project labor agreements" to remain in effect.
EDITOR'S NOTE: For more on Executive Order 13202, see the February 22, 2001, FEDERAL CONTRACT DISPATCH "Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally-Funded Construction Projects."
EFFECTIVE DATE: February 17, 2001.
SUPPLEMENTAL INFORMATION: President Clinton encouraged the government and federally-funded construction projects to use contract provisions requiring bidders to enter "project labor agreements" with labor unions that required employees to join a union or pay union dues. President Bush does not agree with that, so on February 17, 2001, he issued Executive Order 13202 to order that neither the government nor federally-funded construction projects could "require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor agreements, on the same or other related construction project(s)..."
The language of Executive Order 13202 was interpreted by some as negating current project labor agreements, such as the agreement on the $14 billion Boston Central Artery/Tunnel project, and that there would be severe disruptions as a result. Therefore, President Bush issued Executive Order 13208 to add a paragraph (c) to Section 5 of Executive Order 13202 to permit agency heads to exempt a particular project from any or all of the provisions of Executive Order 13202 if he or she finds that a project labor agreement was in effect on February 17 (the date of Executive Order 13202), and one or more construction contracts subject to the project labor agreement had been issued by February 17.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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