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SERVICES
At The Elite Guardian Consulting Services there are Three main areas of assistance available to you. We offer monitoring for Labor & Compliance which, as mentioned in our mission statement, truly creates a level playing field for all contractors bidding on public works. We can assist you with Project Labor Agreements to establish the terms and conditions of employment for a specific construction project. Or we offer mediation service for disputes and resolutions for both employee and companies. You can learn more below by reviewing an abridged summary of what these services entail.
Labor & Compliance Monitoring
Competitive bidding process integrity. The establishment of an effective labor compliance program ensures the following:
1. Awarding bodies receive a higher number of qualified bidders;
2. Contractors and their subcontractors are discouraged from underbidding;
3. Contractors and their subcontractors pay the required prevailing wages; thereby
4. Creating a level playing field for all contractors who bid on Public Works. Regeneration of funds to the community When the Firm actively enforces the prevailing wage laws, the process:
1. Ensures the integrity and transparency of the LCP procedures;
2. There is incentive by community contractors to bid on local Public Works projects;
3. Construction workers who are employed on the project regenerate project funds back to the local community Quality construction work Paying the prevailing wage can attract the most skilled workers and ensure the highest quality work on Public Works projects. Better labor relations Responsible working conditions promote cooperation and communication among all constituencies and offer the best long-term prospects for a sustained, positive labor management relationship. Successful contracts Enhanced scrutiny of contractors and subcontractors allows the terms of the contract to coincide with project specifications.
Project Labor Agreements
IA Project Labor Agreement (PLA), also known as a Community Workforce Agreement, is a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project.
[1] Before any workers are hired on the project, construction unions have bargaining rights to determine the wage rates and benefits of all employees working on the particular project and to agree to the provisions of the agreement.
[2][3] The terms of the agreement apply to all contractors and subcontractors who successfully bid on the project, and supersedes any existing collective bargaining agreements.
[2] PLAs are used on both public and private projects, and their specific provisions may be tailored by the signatory parties to meet the needs of a particular project.
[3] The agreement may include provisions to prevent any strikes, lockouts, or other work stoppages for the length of the project.
[2] PLAs typically require that employees hired for the project are referred through union hiring halls, that nonunion workers pay union dues for the length of the project, and that the contractor follow union rules on pensions, work conditions and dispute resolution.
[4]PLAs are authorized under the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151-169. Sections 8(e) and (f) of the NLRA, 29 U.S.C. §§ 158(e) and (f) make special exceptions from other requirements of the NLRA in order to permit employers to enter into pre-hire agreements with labor unions in the construction industry.
[5]The agreements have been in use in the United States since the 1930s, and first became the subject of debate in the 1980s, for their use on publicly funded projects. In these instances, government entities made signing PLAs a condition of working on taxpayer funded projects. This type of PLA, known as a government-mandated PLA, is distinct from a PLA voluntarily entered into by contractors on public or private work—as is permitted by the NLRA—as well as a PLA mandated by a private entity on a privately funded construction project. Executive orders issued since 1992 have affected the use of government-mandated PLAs for federal construction projects and the most recent order, issued by President Barack Obama in February 2009, encourages their use by federal agencies. The use of PLAs is opposed by a number of groups, who argue that the agreements discriminate against non-union contractors and do not improve efficiency or reduce costs of construction projects. Studies of PLAs have mixed results, with some studies concluding that PLAs have a favorable impact, while others find that the agreements can increase costs, and may negatively impact non-union contractors and workers.
Document source https://en.wikipedia.org/wiki/Project_Labor_Agreement
Dispute & Resolution (mediation)
The dispute resolution process is a multi-step process:
Below is is a summary of what the process entails
Step 1: Counseling
The first step in the dispute resolution process is to file a written request for counseling. A request for counseling must be made within 180 days after the date of the alleged violation. The counseling period normally lasts for 30 days.
Step 2: Mediation
If an employee chooses to continue with a claim after the counseling period, the next step is to request mediation. Mediation must be requested within 15 days of receiving notification of the completion of the counseling period and lasts for 30 days, unless both parties request an extension of time. Mediation is intended to provide a confidential, informal means of settling disputes. Mediation permits both employees and their employing office to come together with a neutral third party to attempt to resolve a dispute under mutually acceptable terms.
Step 3: Administrative Hearing or Civil Action
If mediation fails to resolve a complaint, an employee may either proceed with an administrative hearing or file suit in Federal district court. Either course of action must be initiated within 90 days (but no sooner than 30 days) from the end of the period of mediation.
Administrative Hearing. If an employee chooses to pursue an administrative hearing after mediation, a formal complaint must be filed with the OOC in writing. A copy of the complaint will be served on the employee’s employing office, which has 15 days to respond. An administrative hearing normally begins within 60 days after a complaint is filed, and the hearing officer will issue a written decision no later than 90 days after the hearing’s conclusion.
Civil Action. If an employee chooses to proceed with a civil action after mediation, the suit will proceed under the rules that normally apply to actions in Federal court
Step 4: Appeals
Appeal of Administrative Decision.
If either the employee or employing office is dissatisfied with the final decision of the Hearing Officer, a request may be made to have the Hearing Officer’s decision reviewed by the Board of Directors of the OOC. A request for review by the Board of Directors must be made within 30 days of the time the Hearing Officer’s decision is entered into the records of the OOC.
Appeal of U.S. District Court Decision.
If the case proceeded to a civil action, appeals of U.S. District Court decisions will proceed under the rules that normally apply to appeals in Federal court.
To learn more about the servcies available in greater detail, or to schedule an appointmemt with a consultant, go to the contact page and submit your inquiry and details on the form provided.
