The Anaheim Elementary School District (AESD) Board of Trustees voted to expand a construction agreement at its last regularly scheduled meeting, a move critics contend limits participation by minority contractors and could increase project costs. The board approved an amendment to what it calls a “Community Benefit Agreement” (CBA) from 2018, which was originally known as a Project Labor Agreement (PLA). This expansion applies the agreement to a new project at Patrick Henry Elementary School.
Project Labor Agreements are often controversial, and some argue they discriminate against minority-owned construction companies. According to an affidavit submitted to a court by Harry C. Alford, President of the National Black Chamber of Commerce, 98% of Black and Latino-owned construction firms are non-union. Alford stated that PLAs restrict the use of these minority contractors on public projects. The Anaheim Elementary School District serves a majority Latino population.
During the April 5, 2023, board meeting, a public comment highlighted concerns that these construction deals are both controversial and discriminatory. AESD Trustee Ryan Ruelas responded to the comment, stating, "...I really don’t care what he has to say..." Ruelas has previously identified himself as "a union guy through and through," according to the Anaheim Observer website.
The Coalition for Fair Employment in Construction (CFEC) also submitted comments electronically, which a staff member read after initially expressing confusion about the agreement's name change. CFEC's comments detailed that these agreements effectively ban over 80% of construction workers from projects, asserting that this reduction in competition leads to higher prices and fewer bids. The organization cited two California cities that reportedly had to re-bid projects after enacting PLAs due to an insufficient number of bids. Trustees Jose Paolo Magcalas and Mark Lopez were observed sharing a glance and a smile following Trustee Ruelas's dismissal of the public comment.
All five board members approved the amendment to the Community Benefits Agreement without debate or discussion. This marked the first time Trustee Mark Lopez had voted for this type of agreement, as he was not on the board when the original PLA passed in April 2018. Trustee Juan Álvarez also was not a board member at that time. Trustee Jackie Filbeck supported this type of agreement in both the 2018 and the recent votes.
The agreement formalized a partnership between the District and the Los Angeles and Orange Counties Building and Construction Trades Council, along with Signatory Craft Councils and Union. Concerns have been raised by critics that such deals waste taxpayer dollars and leave students with fewer facilities for the money spent. The public had another opportunity to voice opinions regarding this agreement at a regularly scheduled school board meeting in Anaheim, California, according to ocpolitical.com, which first reported on the matter.
