Executive Order 13502: Use of Project Labor Agreements for Federal Construction Projects

President: Barack Obama

Allowed agencies to require project labor agreements on large federal construction projects when they judged an agreement would aid economy and efficiency.

Status: Revoked.

Is Executive Order 13502 still in effect? No. EO 14063 revoked EO 13502 when its implementing FAR rule became effective on January 22, 2024; revoking EO 14063 in 2025 did not expressly reinstate EO 13502.

What does Executive Order 13502 do?

Obama signed EO 13502 to address coordination problems on large federal construction sites. Its explanation identified temporary workforces, multiple employers and labor disputes that could delay an entire project. It encouraged executive agencies to consider project labor agreements when a project-specific judgment showed that an agreement would improve economy, efficiency, labor stability and compliance with workplace laws. Signed order.

A project labor agreement was a pre-hire collective-bargaining agreement for a particular construction project, not a permanent rule that every federal contractor must employ union members. The order used a $25 million total federal-cost threshold for large-scale projects. Agencies could require contractors and subcontractors to negotiate or join an appropriate agreement, but the order did not require an agreement on every qualifying project and did not prescribe a particular union. The agreement had to permit firms to compete regardless of whether they already had collective-bargaining agreements. Signed order.

Administration position: The order permitted project labor agreements; it did not require union membership or exclude otherwise qualified nonunion firms.
SignedFebruary 6, 2009
ThresholdLarge-scale federal construction
ReplacedEO 14063 implementation

Before and after

Before the order

EO 13202 and its amendment EO 13208 had restricted government-mandated project labor agreements. EO 13502 revoked both and told agencies to remove their implementing rules promptly where legally permissible. Procurement officials could therefore make a project-specific choice rather than follow the earlier general prohibition. Signed order.

After the order

A qualifying agreement had to bind participating contractors through the solicitation and contract documents. It also had to include no-strike and no-lockout guarantees, prompt binding dispute resolution and labor-management cooperation on safety, productivity and quality. The final FAR implementation became effective May 13, 2010. Biden later chose a different policy in EO 14063: a generally mandatory system for federal construction projects of $35 million or more, subject to exceptions. Signed order. Sources: 2010 implementing FAR rule; EO 14063, including conditional revocation; 2023 final FAR rule and January 22, 2024 effective date; EO 14236: successor revocation.

Who had to do what

Agency / officeActionTiming / position
Executive agencies and agency headsConsider project labor agreements case by case; include lawful requirements in contracts; promptly revoke EO 13202/13208 implementing restrictions.For solicitations after implementing FAR action; prior restrictions removed expeditiously.
Federal Acquisition Regulatory CouncilAmend the FAR to implement the order.Within 120 days of February 6, 2009.
OMB DirectorRecommend to the President whether broader agreement use would improve construction economy and timely completion.Within 180 days.
Labor SecretaryConsult with OMB on broader use of project labor agreements.For OMB's 180-day recommendations.
Contractors and subcontractors on a covered projectNegotiate or become parties to an agreement if lawfully required by procuring agency; comply with its job-specific conditions.During contracting and performance; no government-wide union-membership deadline.

What happened next

Obama signed the discretionary project labor agreement policy. Official source

The implementing FAR rule became effective. Official source

EO 14063's final FAR rule became effective, triggering revocation of EO 13502. Official source

EO 14236 revoked successor EO 14063. Official source