PGTI’s BRJP Cheatsheet
Adapted from The Boston Resident Construction Employment Standards website- http://www.cityofboston.gov/brjp/emplo_stand.asp, June 1, 2011
1. WHAT TO DO: 50/25/10
The Boston Residents Construction Employment Standards as set forth in the Mayor's Executive Order of July, l985 entitled The Executive Order Extending the Boston Residents Jobs Policy…adopted by the Boston Redevelopment Authority on July 26, l985. … the Executive Order requires that the Developer's Construction Employment Plan shall ensure that on a craft by craft basis for construction employment for the Project, the following Boston Residents Construction Employment Standards are met:
- at least fifty (50) percent of the total employee worker hours in each trade shall be by bona-fide Boston Residents.
- at least twenty-five (25) percent of the total employee worker hours in each trade shall be by minorities; and
- at least ten (l0) percent of the total employee worker hours in each trade shall be by women.
For the purpose of this Plan, employees shall include persons filling apprenticeship and on-the-job training positions.
2. HOW TO DO IT: Clauses (1) through (9)
Best Faith Efforts
Developers and Contractors may rely on traditional referral methods in the hiring of journeymen, apprentices, advanced trainees and helpers. Developers and contractors also shall implement affirmative action steps which include the following to the extent that such steps do not conflict with any collective bargaining agreement:
Contractor's Best Efforts
- The contractor shall designate and shall require each subcontractor to designate an individual to serve as a compliance officer for the purpose of pursuing the Boston Residents Construction Employment Standards.
- Prior to the start of construction, the contractor and each subcontractor then selected shall meet with appropriate representatives of the construction trade unions, representatives from the Boston Residents Jobs Policy Office, and the awarding or contracting authority for the purpose of reviewing the Standards and the estimated employment requirements for construction activity over the construction period of the Covered Project.
- Whenever any person involved in the construction of a Covered Project makes a request to a union hiring hall, business agent or contractor's association for qualified workers, the requestor shall ask that those qualified applicants referred for construction positions be referred in the proportions specified in the Boston Residents Construction Employment Standards and shall, further, contain a recitation of such Standards. However, if the requesting party's workforce composition at any time falls short of any one or more of the proportions specified in the Standards, the requesting party shall adjust his or her request so as to seek to more fully achieve the proportions as specified in the Standards. If the union hall, business agent or contractor's association to whom a request for qualified employees has been made fails to fully comply with such a request, the requesting party's compliance officer shall seek written confirmation that there are insufficient employees in the categories specified in the request and that such insufficiency is documented on the unemployment list maintained by the hall, agent or association. Copies of any confirmation so obtained shall be forwarded to the Commission. Copies of any requests for qualified employees made at the time that the requesting party's workforce composition falls short of any one or more of such Standards shall be forwarded contemporaneously to the Boston Residents Jobs Policy Office.
- All persons applying directly to the Contractor or any subcontractor for employment in construction of a Covered Project who are not employed by the party to whom application is made shall be referred by said party to the Boston Residents Jobs Policy Office, and a written record of such a referral shall be made by said party, a copy of which shall be sent to said Compliance and Enforcement Division.
- Contractors shall maintain a current file of the names, addresses, and telephone numbers of each Boston Resident, Minority and Woman who has sought employment with respect to a Covered Project, or who was referred to the contractor by the Boston Residents Jobs Policy Office but was not hired. The contractor shall maintain a record of the reason any such person was not hired. (Amendment inclusion 9/26/86) If the construction of a Covered Project is subject to any union collective bargaining agreements, it shall be required that the employee complies with any lawful union security clauses contained in such agreement. (Amendment inclusion 9/26/86 ends)
- The contractor shall in a timely manner complete and submit to the Commission a projection of the workforce needs over the course of construction of the Covered Project. Such a submission shall reflect the needs by trade for each month of the construction process.
- The contractor shall obtain from each worker employed in the construction of the Covered Project, a sworn statement containing the worker's name and place of residence.
- One week following the commencement of construction of the project, and each week thereafter until such work is completed, the contractor shall complete and submit to the Boston Residents Jobs Policy Office for the week just ended a report which reflects (a) for each employee, the employee's name, place of residence, race, gender, trade and total number of worker hours he or she worked, and (b) the total worker hours of its total workforce.
- The contractor and each subcontractor shall maintain records reasonably necessary to ascertain compliance with the steps detailed in clauses (l) through (8) hereof for a least one year after the issuance of a Certificate of Occupancy for the Covered Project. In its review of records of a construction project submitted to demonstrate compliance with these steps, the Commission shall take into consideration any affirmative action outreach programs and affirmative action job training programs of the particular trades participating in the Covered Project.
Developer's Best Efforts
- Developers of the Covered Project shall incorporate in every general construction contract or construction management agreement an enumeration of the Standards and shall impose a responsibility upon any such general contractor or construction management to take all steps enumerated in clauses (l) through (9), and to incorporate such Standards in all subcontracts and impose upon all subcontractors the obligation to take such steps.
- The developer shall meet with the contractor no less frequently than weekly throughout the period of construction of the Covered Project to review the contractor's compliance with such Standards and steps. The developer shall maintain minutes of such meetings and shall forward a copy of such minutes to the Boston Residents Jobs Policy Office within ten (l0) days of such meeting.
- The developer shall comply with the escrow deposits as requirements of the Boston Employment Commission.
3. IF THEY DON’T DO IT: Sanctions
From the Ordinance: “The Agency shall have the power, by means of contract provisions… to impose sanctions upon contractors and subcontractors found to be in non-compliance… includ[ing], but not limited to: i) suspension of payments, ii) termination of contract, iii) recovery of the contract award price as liquidated damages, iv) denial of the right to participate in future projects for up to three years.”