The SCA Project Labor Agreement known as PLA-C covers rehabilitation and renovation work performed on New York City public schools pursuant to funds authorized under the Capital Improvement Program and Restructuring Programs (CIP) for Fiscal Years 2015 to 2019. Subsequently, this PLA was extended to apply to CIP projects bid up until August 25, 2020. This includes demolition, reconstruction, rehabilitation and renovation work. See Article 3 Section 1 of PLA-C for a scope of what work is covered. Following is a link to the PLA and other important information: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10.

In general, PLA program work is now limited to designated rehabilitation and renovation construction contracts bid and awarded by the SCA after August 25, 2020, the effective date of this agreement. This includes demolition, reconstruction, rehabilitation and renovation associated with Capital Improvement Projects and facility enhancements. See Article 3 Section 1 of the 2021-2025 PLA for a scope of what work is covered. Following is a link to the new PLA and other important information: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10.

PLA-C applies only to contracts awarded up to this date. If a PLA contract was bid on or after August 25, 2020, the project would fall under the terms and conditions of the new PLA, known as PLA-D. The PLA that was in effect when a particular SCA contract began will apply from start to finish. See Article 3 Section 1.1.

The Project Labor Agreement does not apply to contracts let and work performed for SCA new Capacity contracts, (including new building construction and additions to existing facilities); contracts let and work performed for lease build out construction; contracts let and performed by the NYC Department of Education, and more.  See Article 3 Section 1 for a list of what SCA work this PLA covers and does not apply to. Nonetheless, all non-PLA public construction work is subject to Prevailing Rate requirements: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/to view the most current NYC schedule of prevailing wages and benefits. Contracts awarded pursuant to the PLA have modified labor standards for shift, premium, and overtime outside the regular workday.

No. Any contractor may bid by signing and agreeing to all of the terms and conditions of the PLA. The contractor need not be signatory with these unions by any other labor agreement or for any other project. However, please note that the SCA only awards contracts to firms that are prequalified (with the exception of vendor contracts valued under $10,000). Prequalified contractors are firms that have submitted a complete online prequalification application to the SCA and been approved to do business with the SCA. Following is a link with more information about prequalification at the SCA: http://www.nycsca.org/Doing-Business/Prequalification-Process

No, the PLA applies only to those projects that the contractor agrees to perform under the PLA and makes no labor agreement beyond those projects. Contractors do not need to sign any additional agreements (e.g., a collective bargaining agreement or CBA) with a union aside from the Affidavit of PLA Participation (now known as a “Letter of Assent”) to work on a PLA project. See Article 2, Sections 3 and 7.

Yes, the PLA applies to subcontractors, and all subcontractors performing program work must agree to become party to the PLA. Subject to the SCA’s approval of subcontractors, a contractor may use any sub (union or non-union), as long as the subcontractor signs an Affidavit of PLA Participation/Letter of Assent. See Article 2, Section 3. Following is a link to the PLA standard Letter of Assent: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10

No. However, subcontractors performing PLA program work will be required to sign the Affidavit of PLA Participation/Letter of Assent prior to being considered for approval on a specific project by the SCA.

Generally, labor will be referred to the contractor from the respective local BCTC unions. Signatory union contractors will employ new workers the same way they hire them for any other project, typically through the union hiring hall. The limited but important exceptions to this Union Referral provision can be found in Article 4 Section 2.

Pursuant to PLA-C, the value of SCA contracts that can be performed by Mentor and Graduate Mentor firms is $1 million. See Article 3 Section 1 (2).  Prior to submission of a bid, Mentor and Graduate Mentors must decide whether or not they will perform the work under the PLA. If a Mentor or Graduate Mentor is not signatory to a BCTC union, it may choose to opt in and work under the terms of the new PLA and sign a Letter of Assent for a particular project, or it may choose to opt out and perform the work under Prevailing Rates but not under the terms of the PLA. If such a firm is already signatory with a BCTC union and is the winning bidder, the work must be performed pursuant to the PLA.

Also on projects valued at $1 million or less, non-signatory contractors in the SCA Mentor or Graduate Mentor program that opt in to the new PLA may employ their “core workforce” meeting the standards defined in PLA Article 4, Sections 2B & 2C. Please contact the SCA’s Labor Law Compliance Division by emailing laborLaw3030@nycsca.org about reviewing core workers before employing them on a PLA job. Like any other trade workers, core employees must be on Daily Signature Logs and certified payrolls. As additional workers are needed, they must be hired from the respective union for that trade. Contractors may also request by name and the union must honor referral of specified union journeypersons who are available for employment and who the contractor employed previously. See Section 4 Section 2B for details. If a Mentor or Graduate Mentor firm enters into a full CBA with a BCTC Union, the employees of the contractor must be allowed to join the union, subject to satisfying the union’s basic standards of proficiency for admission. See Article 4 Section 2D.

Referrals must be from the respective BCTC signatory locals on the PLA Union Telephone Contact List.  Following is a link to the Union Contact List: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10

No, a non-union core worker does not automatically become a union member by working on a project covered by the PLA. Nothing in the PLA requires employees to join a union or pay dues or fees to a union as a condition of working on the covered project. See Article 4 Section 3.

Whether union or non-union, contractors must remit timely benefit contributions on behalf of all employees (including any non-union core workers) to the union employee benefit funds in the appropriate amounts designated in the SCA PLA Schedule “A” CBAs, provided that those benefits are required to be paid on public works under the prevailing wage law. See Article 11 Section 2A.The one limited exception is non-union contractors who designate core employees to work under the PLA; these firms may satisfy the supplemental benefit obligation if they set up or join a bona fide private benefit plan that satisfies the requirements of Section § 220 of the NYS Labor Law. See PLA Article 11, Section 2.

Union benefit plans have their own rules and governing documents that determine eligibility; workers will become eligible for certain supplemental benefits at different points in time. Contractors who employ Core workers should speak with the respective union(s) as to benefit eligibility thresholds.

Article 11 Section 2 of the PLA sets forth a process for unions and their employee benefit funds to address a general contractor or a subcontractor’s failure to make required payments. Upon notification by a union that a contractor is delinquent in its payment of benefits, and a determination by the SCA that the union has submitted appropriate documentation of such delinquency, the SCA will thereafter require the contractor to submit cancelled checks or other equivalent proof of payment of benefit contributions with certified payroll reports for work covered by this PLA on which the contractor is engaged. If the delinquency is not resolved, the SCA will withhold from amounts due to the general contractor that relates to the work of the delinquent contractor on the project an amount equal to what is owed to the employee benefit fund(s) and deduct such payment from the amounts otherwise due to the general contractor until the matter is settled. The SCA strongly advises contractors to read this section of the PLA carefully and to include appropriate provisions in subcontracts addressing these possibilities.

Contractors are permitted and encouraged to use registered apprentices within the allowable ratios between journeypersons and apprentices set by the New York State Department of Labor (NYSDOL). See Article 13 Section 1. The apprentices must be enrolled in a program certified by the NYSDOL.

The contractor retains full and exclusive authority for the management of their operations, including the determination as to the number of employees to be hired and the qualifications therefore; and the promotion, transfer, and layoff of its employees; and the assignment and schedule of work, except if expressly limited by a specific provision of the PLA. See Article 6 Section 1.

In the event that a union is unable to fill any request for qualified workers within a 48 hour period (Saturdays, Sundays and holidays excepted), a contractor may employ qualified labor from any other source. See Article 4 Section 2A. We suggest phone requests to the union for workers also be followed up in writing.

Except as expressly limited by a specific provision of the PLA, a contractor retains full and exclusive authority for the management of their operations, including the right to discipline or discharge for just cause its employees. We suggest documenting any dismissals in writing. See Article 6 Section 1.

Yes. Managers/supervisors are not subject to the provisions of the PLA, so there is no restriction on management and/or other non-trade personnel, as long as such personnel do not perform trade work functions. See Article 3 Section 3. For insurance purposes, managers/supervisors should be listed on Daily Signature Logs and certified payrolls for their time on the job site.

In general on PLA projects, signatory contractor owners, supervisors or forepersons cannot work with the tools (unless they are union members and the union rules allow this). Owners of non-union MWLBE firms can performed covered work if they are approved as a qualified “Core Worker” following the procedure specified in Article 4 Section 2. In this instance, they must pay themselves at a minimum the same PLA wages and benefits as other workers in that trade. As regards to non-PLA projects, there is nothing in the New York State Labor Law that prevents owners, supervisors and/or forepersons from working with the tools as long as they are paid at the prevailing rate for the classification of work being performed. This work must be reported as such in certified payroll reports. Some unions may have rules in their CBA’s restricting this practice.

When strictly overseeing workers, owners and supervisors are not subject to the provisions of the PLA and are not covered under Article 8 of the NYS Labor Law prevailing rate requirements. However, their hours worked on the job site as a manager or supervisor should still be detailed in the certified payrolls.

Each union has the right to designate a journeyperson as a Steward and an alternate where there is more than one employee in that trade on the project. All Stewards must be working Stewards (i.e., they must perform program work). In addition, Stewards may perform other tasks such as receiving complaints or grievances from other employees of the Steward’s trade. Stewards may not determine when overtime is worked and they are entitled to the same rates of pay as other employees of that trade. See Article 5 Sections 2 and 3.

The Minimum Wage Act (Article 19 of the NYS Labor Law) requires that all employees in New York State receive at least the applicable hourly minimum wage rate. Security guards protecting SCA job sites must be paid at least the minimum rate; for more information, go to https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm. For insurance purposes, security guards should be listed on Daily Signature Logs and certified payrolls for their time on the construction site.

Yes, the standard PLA-C work week is eight hours, Monday through Friday. With approval by the SCA, the PLA also permits a contractor to schedule a four-day (within Monday through Friday) work week, ten hours per day at straight time. Contractors cannot schedule workers for less than a full day’s work under the PLA. See Article 12 Section 1.

The second shift (AKA afternoon or swing shift (ST in LCMS) starts between 3pm and 6pm and the third shift (AKA night or graveyard shift [GT] in LCMS) begins between 11pm and 2am, subject to different times necessitated by the SCA’s phasing plans on specific projects. With respect to second and third shift work, there is a 5% hourly shift differential premium. The premium applies to wages but if the trade in question receives premium pay on both wages and benefits in the NYC Comptroller’s Prevailing Rate Schedule, then that trade would receive the 5% on both wages and benefits on PLA shift work. Go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/to view the schedule. See Article 12, Section 3.

Asbestos Handler: 1.05 w

Bricklayer: 1.05 w

Carpenter: 1.05 w

Electrician “A” 1.05 w/b

Laborer 1.05w

Mason Tender 1.05 w

Paver 1.05 w

Plumber 1.05 w/b

Steamfitter 1.05 w/b

(w-wage/b-benefit, based on information in the Prevailing Wage Schedule published 7/1/2021)

Yes, but this is on a trade-by-trade basis. Some trades, such as the Asbestos Handlers and Painters do not require any premium pay for ST or GT shift work pursuant to the Prevailing Rate Schedule on non-PLA projects. Others such as Elevator Constructors and certain Engineer classifications require substantial premiums (up to double time, [2.0]) on ST or GT shift work on wages or wages & benefits on Prevailing Rate projects (Non-PLA). For details, go to the most recent Prevailing Wage Schedule, https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/.

Yes, the PLA permits the contractor to schedule overtime work, including work on weekends. See Article 12 Sections 2, 3, and 5. To the extent that the SCA’s or the school’s approval is required before a contractor may schedule or be paid extra for overtime, that approval is still required notwithstanding provisions in the PLA.

Overtime pay for hours outside the standard work day and work week must be paid in accordance with the overtime premium listed for that trade in the PLA-C Schedule A (the NYC Comptroller’s Prevailing Rate Schedule (https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/). When an employee has not already worked full work days, work on Saturdays that are not make-up days must be paid at 1.5 or the Schedule A rate (the NYC Comptroller’s Prevailing Rate Schedule Saturday rate for that trade), whichever is less. When an employee has already worked five full days, each hour of work on Saturdays must be paid at the Schedule A Saturday rate. 

Trade Specific Monday-Saturday Overtime Examples on PLA-C Work:

                Carpenter: 1.5 w

                Cement Mason: 1.5 w/b

                Engineer: 2.0 w/b*(benefit rate on OT is slightly less than 2.0)

                Mason Tender 1.5 w

                Plumber 2.0 w/b

                Roofer: 1.5 w

                Sheet Metal Worker: 1.5 w/b

                PCC: 1.5 w

(w-wage/b-benefit, based on information in the Prevailing Wage Schedule published 7/1/2021)

Work on Sundays and Holidays must be paid at Schedule A Sunday or Holiday rates for that trade. There is no stacking or pyramiding of overtime pay under any circumstances. See PLA Article 12 Section 2.

The PLA provides that employees who report to work pursuant to a regular schedule and not given work must be paid two hours of straight time. Work terminated early for severe weather or emergency conditions will be paid only for time actually worked. When an employee leaves a job of their own volition, shows up late for work and is still permitted to work, or is discharged for cause, they will only be paid for the actual time worked. In other instances where work is terminated early, the worker must be paid for a full day. Also, the usual "show-up time” requirement of two hours pay for employees who report to their work location pursuant to their regular schedule does not apply when the National Weather Service issues a Weather Advisory and the contractor speaks to the employee at least four hours before their shift starting time. We strongly suggest documenting such instances in writing. See Article 12 Section 5.

Yes, when this occurs the contractor may schedule Saturday work at weekday rates: Saturday RT at straight time, and/or ST or GT at 5% (1.05X the hourly pay rate). In case questions arise about if there was a legitimate need for a Make-Up Day, we suggest contractors print out and keep the weather forecast for the weekday that you were unable to work. If you employed labor on a legitimate Make-Up Day, note this in LCMS. See Article 12 Sections 3 & 5. Make-Up Day provisions on non-PLA projects, if any, differ from trade to trade: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ for more information.

Yes, PLA provisions override local CBA clauses; the PLA recognizes nine common holidays and this supersedes any provisions in any union CBAs that provide for more and/or different holidays. See Article 12 Section 4. Holiday observances are also posted in LCMS.

No. Workers are only entitled to holiday pay (at the holiday rate listed in the NYC Comptroller’s Construction Worker Prevailing Rate Schedule for that trade) if they work on the designated PLA holiday. If they do not work, they do not get paid for the day. See Article 12 Section 4.

The need for temporary services during non-working hours will be only determined by the SCA or its construction manager. Where temporary services are required by specific request of the SCA or construction manager, they must be provided by the contractor’s existing employees during working hours in which a shift is scheduled for employees of the contractor. There is no stacking of trades on temporary services. See Article 15.

No. All the signatory unions are bound by the ‘No Strike’ agreement as to the PLA work. Work must continue under the PLA and under the otherwise expired local CBA(s) until the new local CBA(s) are negotiated and in effect. See Articles 7 and 19.

It is possible. The PLA applies ONLY to the PLA project and does not regulate labor relations at other sites even if those sites are in close proximity to PLA work.

The PLA contains a detailed grievance and arbitration process to resolve disputes between the contractor and its employees. See Article 9.

The PLA provides for such issues to be resolved in accordance with the New York Plan for the Settlement of Jurisdictional Disputes. A copy of the NY Plan is available upon request from the SCA. The PLA provides that work is not to be disrupted or interrupted pending the resolution of any jurisdictional dispute. The work must proceed as assigned by the contractor until the dispute is resolved. See Article 10.

In New York City at this time, teamster prevailing rates are only required for the time such drivers spent on the construction "site" (except for the rare occasion in which construction debris is taken to a dedicated site, in which case prevailing rates would be required for all time worked.) Where materials or supplies other than asphalt or concrete are delivered to a school job site and dropped or stockpiled, the hauling, dropping and/or stockpiling of such materials is not subject to PLA rules or prevailing wage requirements. As well, there is no restriction as to work performed off-site for school PLA projects and the requirements of the NYS Labor Law are only applicable to construction of the school itself, not off-site manufacturing operations. See Article 6 Section 2.

While PLAs often appear similar to each other, and particular clauses are often used in multiple agreements, each PLA is a unique document and should be examined accordingly.

This PLA does NOT apply to contracts awarded and work performed in connection with projects carried over or performed under bids or rebids relating to work initiated prior to August 25, 2020, the effective date of the new agreement. If a PLA contract was bid before this date, the project would fall under the terms and conditions of the previous PLA. The PLA that was in effect when a particular contract began will apply from start to finish. See Article 3 Section 1.1.

The Project Labor Agreement does not apply to contracts let and work performed for SCA Capacity contracts, (including new building construction, additions to existing facilities, and lease build outs); contracts let and performed by the NYC Department of Education; emergency work involving danger to life, safety or property requiring immediate action and procured pursuant to the SCA’s emergency procurement rules; and more. See Article 3 Section 1 for a list of what SCA work this PLA does not apply to. Nonetheless, all non-PLA public construction work is subject to Prevailing Rate requirements: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/to view the most current schedule of prevailing wages and benefits. Contracts awarded pursuant to the PLA have modified labor standards for shift, premium, and overtime outside the regular workday.

No. Any contractor may bid by signing and agreeing to all the terms and conditions of the PLA. The contractor need not be signatory with these unions by any other labor agreement or for any other project. However, please note that the SCA only awards contracts to firms that are prequalified (with the exception of vendor contracts valued under $10,000). Prequalified contractors are firms that have submitted a complete online prequalification application to the SCA and been approved to do business with the SCA. Following is a link with more information about prequalification at the SCA: http://www.nycsca.org/Doing-Business/Prequalification-Process.

No, the PLA applies only to those projects that the contractor agrees to perform under the PLA and makes no labor agreement beyond those projects. Contractors do not need to sign any additional agreements (e.g., a collective bargaining agreement or CBA) with a union aside from the Letter of Assent to work on a PLA project. See Article 2 Sections 2 and 7.

Yes, the PLA applies to subcontractors, and all subcontractors performing program work must agree to become party to the PLA. Subject to the SCA’s approval of subcontractors, a contractor may use any sub (union or non-union), as long as the subcontractor signs a Letter of Assent. See Article 2, Section 7. Following is a link to the PLA standard Letter of Assent: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10

No. However, subcontractors performing PLA program work will be required to sign the Letter of Assent prior to being considered for approval on a specific project by the SCA.

Generally, labor will be referred to the contractor from the respective local BCTC unions. Signatory union contractors will employ new workers the same way they hire them for any other project, typically through the union hiring hall. There are limited exceptions for MWLBE contractors. See Article 4 Section 2.

In  connection with the Mentor/Graduate Mentor Program, the value of SCA contracts that can be performed by MWLBE Mentor and Graduate Mentor firms has been raised from $1 million in the prior PLA, to $3 million. See Article 3 Section 1 (2).  Prior to submission of a bid, Mentor and Graduate Mentors must decide whether or not they will perform the work under the PLA. If a Mentor or Graduate Mentor is not signatory to a BCTC union, it may choose to “opt in” and work under the terms of the new PLA and sign a Letter of Assent for a particular project, or it may choose to “opt out” and perform the work under Prevailing Rates but not under the terms of the PLA. If such a firm is already signatory with a union and is the winning bidder, the work must be performed pursuant to the PLA.

Also on Mentor/Graduate Mentor projects valued at $3 million or less, non-signatory contractors in the SCA Mentor or Graduate Mentor program that opt in to the new PLA may employ their “core workforce” meeting the standards defined in PLA Article 4, Section 2B. Please contact the LLC by emailing laborLaw3030@nycsca.org about reviewing core workers before employing them on a PLA job. As additional workers are needed, they must be hired from the respective union for that trade. Mentor or Graduate Mentor firms may also request by name and the union must honor referral of specified union journeypersons who are available for employment and who the contractor employed previously. See Section 4 Section 2C.

In addition, non-mentor certified MWLBE contractors that are not signatory with a BCTC union can use their core workforce as the 2nd, 4th, 6th and 8th employees with union workers on PLA subcontracts up to $3 million. This also applies to Mentor and Graduate Mentors bidding as subcontractors on SCA Capital Improvement Program (CIP) work (CIP work is PLA work that is not bid through the Mentor or Graduate Mentor Program). See Article 4 Section 2E. Like any other trade workers, core employees must be on Daily Signature Logs and Certified Payrolls. If a MWLBE firm enters into a full CBA with a BCTC union, the employees of the contractor must be allowed to join the union, subject to satisfying the union’s basic standards of proficiency for admission. See Article 4 Section 2F. All contractors must sign a Letter of Assent and provide it to the SCA and the relevant union for the trade they are employing on the project.

Referrals must be from the respective BCTC signatory locals on the PLA Union Telephone Contact List.  Following is a link to the Union Contact List: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10

No, a non-union core worker does not automatically become a union member by working on a project covered by the PLA. Nothing in the PLA requires employees to join a union or pay dues or fees to a union as a condition of working on the covered project. See Article 4 Section 2.

Whether union or non-union, contractors must remit timely benefit contributions on behalf of all employees (including any non-union core workers) to the union employee benefit funds in the appropriate amounts designated in the SCA PLA Schedule A CBAs, provided that those benefits are required to be paid on public works under the prevailing wage law. See Article 11 Section 2A. The one limited exception is non-union MWLBE contractors who designate core employees to work under the PLA; these firms may satisfy the supplemental benefit obligation if they set up or join a bona fide private benefit plan that satisfies the requirements of Section §220 of the NYS Labor Law. See PLA Article 11, Section 2.

Union benefit plans have their own rules and governing documents that determine eligibility; workers will become eligible for certain supplemental benefits at different points in time. MWLBE contractors who employ Core workers should speak with the respective union(s) as to benefit eligibility thresholds. Employees who may remain unaffiliated with any local union at the completion of their employment may apply for any distributions to which they may be entitled from the unions in accordance with the governing documents of the employee benefit funds. See Article 11 Section 2A.

Article 11 Section 2 of the PLA sets forth a process for unions and their employee benefit funds to address a general contractor or a subcontractor’s failure to make required payments. Upon notification by a union that a contractor is delinquent in its payment of benefits, and a determination by the SCA that the union has submitted appropriate documentation of such delinquency, the SCA will thereafter require the contractor to submit cancelled checks or other equivalent proof of payment of benefit contributions with certified payroll reports for work covered by this PLA on which the contractor is engaged. If the delinquency is not resolved, the SCA will withhold from amounts due to the general contractor that relates to the work of the delinquent contractor on the project an amount equal to what is owed to the employee benefit fund(s) and deduct such payment from the amounts otherwise due to the general contractor until the matter is settled. The SCA strongly advises contractors to read this section of the PLA carefully and to include appropriate provisions in subcontracts addressing these possibilities.

Contractors are permitted and encouraged to use registered apprentices within the allowable ratios between journeypersons and apprentices set by the New York State Department of Labor (NYSDOL). Should a contractor request that apprentices be provided for program work, the referring union must comply with that request so long as it is consistent with the maximum ratios permitted by NYSDOL. See Article 13 Section 1. Contact the Labor Law Compliance Division of the SCA if a union does not fulfill a request for apprentices.

A contractor retains full and exclusive authority for the management of their operations, including the determination as to the number of employees to be hired and the qualifications therefore; and the promotion, transfer, and layoff of its employees; and the assignment and schedule of work, except if expressly limited by a specific provision of the PLA. See Article 6, Section 1.

In the event that a union is unable to fill any request for qualified employees within a 48 hour period (Saturdays, Sundays and holidays excepted), a contractor may employ qualified workers from any other source. See Article 4 Section 2A. We suggest phone requests to the union for workers also be followed up in writing.

Except as expressly limited by a specific provision of the PLA, a contractor retains full and exclusive authority for the management of their operations, including the right to discipline or discharge for just cause its employees. We suggest documenting any dismissals in writing. See Article 6, Section 1.

Yes. Managers/supervisors are not subject to the provisions of the PLA, so there is no restriction on management and/or other non-trade personnel, as long as such personnel do not perform trade work functions. See Article 3, Section 3. For insurance purposes, managers/supervisors should be listed on Daily Signature Logs and certified payrolls for their time on the job site.

In general on PLA projects, signatory contractor owners, supervisors or forepersons cannot work with the tools (unless they are union members and the union rules allow this). Owners of non-union MWLBE firms can performed covered work if they are approved as a qualified “Core Worker” following the procedure in Article 4 Section 2. In this instance, they must pay themselves at a minimum the same PLA wages and benefits as other workers in that trade. As regards non-PLA projects, there is nothing in the New York State Labor Law that prevents owners, supervisors and/or forepersons from working with the tools as long as they are paid at the prevailing rate for the classification of work being performed. This work must be reported as such in certified payroll reports. Some unions may have rules in their CBAs restricting this practice.

When strictly overseeing workers, owners and supervisors are not subject to the provisions of the PLA and are not covered under Article 8 of the NYS Labor Law prevailing rate requirements. However, their hours worked on the job site as a supervisor should still be detailed in the certified payrolls.

Each union has the right to designate a journeyperson as a Steward and an alternate where there is more than one employee in that trade on the project. All Stewards must be working Stewards (i.e., they must perform program work). In addition, Stewards may perform other tasks such as receiving complaints or grievances from other employees of the Steward’s trade. Stewards may not determine when overtime is worked and they are entitled to the same rates of pay as other employees of that trade. See Article 5 Sections 2 and 3.

The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State, including security guards protecting SCA job sites, receive at least the applicable hourly minimum wage rate. For more information, go to https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm. For insurance purposes, security guards should be listed on Daily Signature Logs and certified payrolls for their time on the construction site.

Yes, the standard work week is eight hours, Monday through Friday. Any additional weekday hours must be paid at time and one half (1.5) for all signatory trades. However, when eight hours of program work cannot be performed on a consistent basis, the SCA may designate a project to be a seven-hour PLA project (35 hours per week). In the event the SCA deems a job to be a seven-hour project, the eighth hour, if worked, shall be paid at time and one half (1.5). With approval by the SCA, the PLA also permits a contractor to schedule a four day (within Monday through Friday) work week, ten hours per day at straight time. Contractors cannot schedule workers for less than a full day’s work under the PLA. See Article 12 Section 1.

The second shift (AKA, afternoon or swing shift [ST] in LCMS) starts between 3pm and 6pm and the third shift (AKA, night or graveyard shift [GT] in LCMS) begins between 11pm and 2am, subject to different times necessitated by the SCA’s phasing plans on specific projects. With respect to second and third shift work in the new PLA, there is a five percent (5%) hourly shift differential premium on wages and benefits unless the NYC Comptroller’s Prevailing Rate Schedule provides for no shift premium on wages or benefits or both, in which case there is no premium on wages or benefits or both. Go to   (https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm to view the schedule. The day shift (AKA, Regular Time [RT] in LCMS) is always paid at straight time, and a first shift (day shift) does not have to be scheduled in order to work a second and third shifts at the 1.05 hourly rate. See Article 12, Section 3.

Asbestos Handler: 1.0 (no shift premium)

Bricklayer: 1.05 w

Carpenter: 1.05 w

Electrician “A” 1.05 w/b

Laborer 1.0 (none)

Mason Tender 1.05 w

Paver 1.0 (none)

Plumber 1.05 w/b

Steamfitter 1.05 w/b

(w-wage/b-benefit, based on information in the Prevailing Wage Schedule published 7/1/2021)

Yes, but this is on a trade-by-trade basis. Some trades, such as the Asbestos Handlers and Painters do not require premium pay for ST or GT shift work. Others such as Elevator Constructors and certain Engineer classifications require substantial premiums (up to double time, [2.0]) on ST or GT shift work on wages or wages & benefits on Prevailing Rate projects (Non-PLA). For details, go to the most recent Prevailing Wage Schedule, https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/.

Yes, the PLA permits the Contractor to schedule overtime work, including work on weekends. See Article 12 Sections 2, 3, and 5. To the extent that the SCA’s or the school’s approval is required before a contractor may schedule or be paid extra for overtime, that approval is still required notwithstanding provisions in the PLA.

Overtime pay incurred Monday through Saturday is at time and one half (1.5) in the new PLA. When an employee has not already worked full work days, work on Saturdays that are not make-up days must be paid at 1.5 or the Schedule A rate (AKA, NYC Comptroller’s Prevailing Rate Schedule Saturday rate for that trade), whichever is less. When an employee has already worked five full days, each hour of work on Saturdays must be paid at 1.5. 

Trade Specific Monday-Saturday OT Examples on PLA Work:

                Carpenter: 1.5 w

                Cement Mason: 1.5 w/b

                Engineer: 1.5 w/b

                Ironworker: 1.5.w/b

                Mason Tender 1.5 w

                Roofer: 1.5 w

                Sheet Metal Worker: 1.5 w/b

                PCC: 1.5 w

                Tiler 1.5 w

(w-wage/b-benefit, based on information in the Prevailing Wage Schedule published 7/1/2021)

Work on Sundays and Holidays must be paid at Schedule A Sunday or Holiday rates for that trade. There is no stacking or pyramiding of overtime pay under any circumstances. See PLA Article 12, Section 2.

The PLA provides that employees who report to work pursuant to a regular schedule and not given work must be paid two hours of straight time. Work terminated early for severe weather or emergency conditions will be paid only for time actually worked. When an employee leaves a job of their own volition, shows up late for work and is still permitted to work, or is discharged for cause, they will only be paid for the actual time worked. In other instances where work is terminated early, the worker must be paid for a full day. Also, the usual “show-up time” requirement of two hours pay for employees who report to their work location pursuant to their regular schedule does not apply when the National Weather Service issues a Weather Advisory and the contractor speaks to the employee at least four hours before their shift starting time. We strongly suggest documenting such instances in writing. See Article 12 Section 5.

Yes, when this occurs the contractor may schedule Saturday work at weekday rates: Saturday RT at straight time, and/or ST or GT at 5% (1.05X the hourly pay rate). In case questions arise about if there was a legitimate need for a Make-Up Day, we suggest contractors print out and keep the weather forecast for the weekday that you were unable to work. If you employed labor on a legitimate Make-Up Day, note this in LCMS. See Article 12 Sections 3 & 5. On non-PLA projects, Make-Up Day provisions, if any, differ from trade to trade: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ for more information.

Yes, PLA provisions override local CBA clauses; the PLA recognizes nine common holidays and this supersedes any provisions in any union CBAs that provide for more and/or different holidays. See Article 12 Section 4. Holiday observances are also posted in LCMS.

No. Workers are only entitled to holiday pay (at the holiday rate listed in the NYC Comptroller’s Construction Worker Prevailing Rate Schedule for that trade) if they work on the designated PLA holiday. If they do not work, they do not get paid for the day. See Article 12 Section 4.

The need for temporary services during non-working hours will be only determined by the SCA or its construction manager. Where temporary services are required by specific request of the SCA or construction manager, they must be provided by the contractor’s existing employees during working hours in which a shift is scheduled for employees of the contractor. There is no stacking of trades on temporary services. See Article 15.

No. All the signatory unions are bound by the ‘No Strike’ agreement as to the PLA work. Work must continue under the PLA and under the otherwise expired local CBA(s) until the new local CBA(s) are negotiated and in effect. See Articles 7 and 19.

It is possible. The PLA applies ONLY to the PLA project and does not regulate labor relations at other sites even if those sites are in close proximity to PLA work.

The PLA contains a detailed grievance and arbitration process to resolve disputes between the contractor and its employees. See Article 9.

The PLA provides for such issues to be resolved in accordance with the New York Plan for the Settlement of Jurisdictional Disputes. A copy of the NY Plan is available upon request from the SCA. The PLA provides that work is not to be disrupted or interrupted pending the resolution of any jurisdictional dispute. The work must proceed as assigned by the contractor until the dispute is resolved. See Article 10.

At this time, the two Engineer locals have not signed the 2021-2025 PLA. If there is program work within the jurisdiction of Locals 14 or 15, contractors signatory with those unions may be nonetheless contractually obligated to request labor from the appropriate local. If these unions provide labor consistent with the referral provisions outlined in PLA Article 4, Section 2, the shift premiums, overtime provisions and holiday schedule of the PLA still apply. However, if the locals do not provide labor for that project, other workers may be hired and the terms of the PLA will apply to such work. Non-signatory contractors may request labor from the Engineer locals or any other sources of trained workers, but the PLA rates for the Engineers must still be paid if the work is classified as Engineer work even if those employees come from a different union such as the Mason Tenders. Be advised that only Engineers with special licenses or certifications may operate some machines used on PLA job sites: the SCA Safety Division enforces those city-wide regulations.

In New York City at this time, prevailing rates are only required for the time such drivers spent on the construction site (except for the rare occasion in which construction debris is taken to a dedicated site, in which case prevailing rates would be required for all time worked.) Where materials or supplies other than asphalt or concrete are delivered to a school job site and dropped or stockpiled, the hauling, dropping and/or stockpiling of such materials is not subject to PLA rules or prevailing wage requirements. As well, there is no restriction as to work performed off-site for school PLA projects and the requirements of the NYS Labor Law are only applicable to construction of the school itself, not off-site manufacturing operations. See Article 6 Section 2.

While PLAs often look similar to each other, and particular clauses are often used in multiple agreements, each PLA is a unique document and should be examined accordingly.