Chuck Slothower//January 7, 2025//
Oregon Gov. Tina Kotek is facing backlash from the construction industry after she issued an executive order requiring project labor agreements for nearly all state construction projects.
Kotek’s Dec. 19 order mandates project labor agreements, or PLAs, for all state contracts where labor represents 15 percent or more of total costs — the vast majority of state projects, according to construction experts.
The governor’s order requires contractors and subcontractors to “negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.”
Oregon construction industry groups blasted Kotek’s order.
“In our view, this is bad policy for the state,” said Mike Salsgiver, executive director of the Associated General Contractors’ Oregon-Columbia chapter, in an interview.
The executive order took immediate effect. It’s likely to apply to most large-scale construction projects in the state and projects that receive state funding, including city and county infrastructure projects and affordable housing projects.
“While we respect the right of workers to organize and collectively bargain, mandating union-only agreements on every major project adds costs, reduces competition and shuts out small minority and emerging contractors who are vital to Oregon’s economy,” Salsgiver stated in a news release.
Construction groups said the agreements add unnecessary costs. The potential for added costs comes at a time when the Oregon Department of Transportation faces a projected $354 million budget shortfall in 2025-27.
The PLA policy “will needlessly inflate the cost of state government-procured and -funded construction projects by 12 percent to 20 percent and discourage competition from local quality contractors and their skilled workforce who have successfully built public works projects in Oregon for decades,” Laurie Kendall, president of Associated Builders and Contractors’ Pacific Northwest chapter, stated in a news release.
To some observers, Kotek’s order demonstrated the sway of organized labor on the state’s Democratic leadership.
“Kotek’s anti-competitive and inflationary executive order ensures that taxpayer-funded construction projects are steered to union-signatory firms and will be built by union labor —including out-of-state union labor — even though only 14.9 percent of Oregon’s construction workforce is unionized,” Kendall stated.
The construction industry groups noted that one of Kotek’s blue-state peers, California Gov. Gavin Newsom, in September vetoed a bill that would have required the California State University system and the state Judicial Council to require at least three projects each to adopt project labor agreements.
“While I am generally supportive of PLAs as an option for public works projects, the new requirements proposed in this bill could result in additional cost pressures that were not accounted for in this year’s budget,” Newsom wrote in his veto letter.
In addition to requiring PLAs, Kotek’s order requires state agencies to set targets for utilizing firms certified by the Certification Office for Business Inclusion and Diversity, known as COBID. These firms are owned by racial minorities or other disadvantaged groups. Labor participation data must be tracked.
Oregon’s largest group representing minority contractors, however, said it is not on board.
“Sweeping changes like this harm minority contractors, exacerbating systemic disparities and leaving many businesses shut out of opportunities they’ve worked hard to access,” Nate McCoy, president and CEO of the National Association of Minority Contractors, Oregon, stated in a news release.
The governor’s office did not respond to a message seeking comment on Monday. In December, Kotek portrayed PLAs as widely beneficial.
“Oregon will soon embark on multiple large-scale infrastructure projects across the state,” she stated in a news release. “… With the broad use of PLAs across state projects, Oregonians will know that public dollars are spent efficiently and benefit the communities in which they’re spent.”
When asked if legal action is an option, Salsgiver said Monday that he’s considering what steps the AGC chapter should take.
“We’re evaluating the situation and determining what our options are,” he said. “I don’t think there’s much I can or should say before that process is completed.”