What Is a Work-Preservation Agreement?

Work-preservation agreement refers to a clause sometimes included in collective bargaining agreements between an employer and union workforce. The clause often is used to ensure that subcontractors hired by the employer do not circumvent union workers.

Basics

The work-preservation clause typically is used in the construction business. Under the clause, the employer agrees to contract with only subcontractors that sign a project labor agreement and therefore follow the same provisions as those signed into the collective bargaining agreement.

Parties

The parties involved in a work-preservation agreement include the employer, which often is a general contractor or developer, and the union workers. According to the book, "Legal Aspects of Architecture, Engineering and the Construction Process," the unions involved in a work-preservation agreement tend to be from craft unions.

Significance

The work-preservation agreement is seen by proponents as preventing employers from using cheap, off-site labor to produce materials or other items that customarily are produced on the work site. The clause is designed to preserve the work of those union craft workers. If a subcontractor working on a construction project with a work-preservation agreement violates the clause, the project workers have the right to strike.

References

• "NLRB decision puts work-preservation agreements in question"; Business Management Daily; March 2008
• "Legal Aspects of Architecture, Engineering and the Construction Process"; Justin Sweet and Marc M. Schneier; 2009