A Compilation of Construction Trade Union Project Labor Agreements for K-12 School and Community College Districts: Construction Manager-at-Risk, Lease-Leaseback, and Developer-Built Schools

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The following set of Project Labor Agreements on California K-12 school district and community college district construction projects have unusual elements.

First, these Project Labor Agreements apply to public school and community college construction projects, but private parties negotiated them.

In the case of Hartnell Community College District, a construction manager-at-risk negotiated the Project Labor Agreement without authorization from the elected board of trustees. The board nullified the agreement after the company had applied the agreement to three small projects funded by Measure H.

In the case of Delano Union School District, the district arranged a lease-leaseback agreement with a private company, which proceeded to negotiate a Project Labor Agreement.

The remaining Project Labor Agreements were negotiated by private developers for school construction projects built privately by those developers. After the developers completed these projects, they transferred ownership to educational districts. Starting in the late 1990s, developers of proposed large residential housing projects in California began making agreements with K-12 school and community college districts to build their own schools and then transfer ownership to the districts. (See Builders Pick Up Tab for Schools – Los Angeles Times – July 7, 2002.)

Government agencies did NOT mandate that contractors sign these agreements, except in cases when a private Project Labor Agreement contained a successor clause that continued to apply the agreement to follow-up construction contracts, even after the ownership of the building transferred to the educational district.

In some cases, local governments provided some public funding for specific components of these developer-built projects. As a result, some taxpayer money was spent on contracts for which construction companies had to sign a Project Labor Agreement. For example, in 2002 the Roseville City School District made an agreement for Westpark Associates to fund five new schools in the West Roseville Specific Plan. Two have been completed: Junction Elementary School and Chilton Elementary School. Chilton Elementary School cost $50.6 million: the developer paid $33.7 million, the state provided $16.9 million, and the City of Roseville paid for construction of a gymnasium that the city uses for adult recreational activies outside of school hours.

Unlike government-mandated Project Labor Agreements, some of these private agreements only cover a few unions (typically, unions that engage in “greenmail” by submitting or threatening to submit legal objections under the California Environmental Quality Act – CEQA – concerning the proposed residential developments).

Project Labor Agreements negotiated by private developers are not a matter of public record, and the list below is surely not complete.

Monterey County – Construction Manager-at-Risk Project Labor Agreement

Hartnell Community College District Project Labor Agreement – Measure H – 2004 – Negotiated by DPR Construction and Employers’ Advocate – Nullified After Three Small Projects

Kern County – Lease-Leaseback Project Labor Agreement

Westside Educational Complex for Delano Union School District Project Labor Agreement 2011 between Grapevine Advisors LLC and the Kern, Inyo, Mono Building and Construction Trades Council 

Contra Costa County – Developer Project Labor Agreements Applying to Schools

San Ramon Valley Center Campus of Contra Costa Community College District Project Labor Agreement between Windemere-Brookfield-Centex and UA Plumbers and Steamfitters Union Local 159

Almond Grove Elementary School of Oakley Union Elementary School District Project Labor Agreement 2004 between Pulte Homes and UA Plumbers and Steamfitters Union Local 159, International Brotherhood of Electrical Workers Union Local 302, and Sheet Metal Workers Union Local 104

Seven Schools (Including Creekside Elementary School) of San Ramon Valley Unified School District Project Labor Agreement between Shapell Industries and Windemere and UA Plumbers and Steamfitters Union Local 159 and International Brotherhood of Electrical Workers Union Local 302*

Placer County  – Developer Project Labor Agreements Applying to Schools

Junction Elementary School, Barbara Chilton Middle School, and Three Other Schools of Roseville City School District 2005 between Westpark Associates and Signature Properties and UA Plumbers and Steamfitters Union Local 447, International Brotherhood of Electrical Workers Union Local 340, and Sheet Metal Workers Union Local 162

Ventura County – Developer Project Labor Agreements Applying to Schools

Rio Del Mar Elementary School, Rio Vista Middle School, and Another Elementary School of the Rio School District in the RiverPark Development 2004 between RiverPark Development, LLC and Shea Homes with the Ventura County Building and Construction Trades Council

Rio Del Mar Elementary School, Rio Vista Middle School, and Another Elementary School of the Rio School District in the RiverPark Development 2007 between RiverPark Development, LLC and Shea Homes with the Ventura County Building and Construction Trades Council – Amendment

* I do not have a copy of this Project Labor Agreement, but an Invitation to Bid notice (bid deadline March 11, 2008) from Roek Construction (based in Stockton) for the $22 million new Creekside Elementary School (in Shapell Industries’ Alamo Creek Development) for the San Ramon Unified School District states that “The owner does have project labor agreements from the plumbing and electrical trades on this project.” A contractor informed me via phone that Shapell Industries and Windemere were signatory to the Project Labor Agreement.

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