What Is a Double-Breasted Contractor?
Definition: A double-breasted contractor is a business owner or ownership group that operates two separate contracting companies, one signatory to union collective bargaining agreements and one that operates on an open-shop (non-union) basis. Each company bids and performs its own work with its own workforce.
Construction projects differ in their labor requirements. Some owners, public agencies, and project labor agreements require union contractors, while many private projects are open to any qualified contractor and are often awarded on price. A double-breasted structure allows one ownership group to compete in both markets: the union company pursues union-required work, and the open-shop company pursues open-shop work.
For the arrangement to be lawful, the two companies generally must operate as genuinely separate businesses. Under U.S. labor law, the National Labor Relations Board and the courts look at factors such as interrelated operations, common management, centralized control of labor relations, and common ownership to decide whether two companies are really a single employer or an alter ego, in which case the union agreement may extend to both. Contractors typically maintain separate management, workforces, equipment, and records. Through Scaffold Exchange, you can find double-breasted scaffold contractors and see which of their companies fits your project.
How a Double-Breasted Operation Is Structured
Double-breasted contractors usually maintain clear separation between their companies. Common elements include the following.
Union-Signatory Company
A company bound by collective bargaining agreements that staffs projects through union hiring halls.
Open-Shop Company
A separate company that hires and employs workers directly without union representation.
Separate Management
Independent day-to-day management and supervision, especially over hiring and labor relations.
Separate Workforces & Equipment
Distinct employees, equipment, and job sites, with arm's-length dealings between the companies.
Separate Books & Bidding
Separate accounting, insurance, licensing, and bidding so each company stands on its own.
When a Double-Breasted Contractor Fits
Owners and general contractors may work with double-breasted scaffold contractors on projects such as the following.
Projects under project labor agreements
Open-shop private construction
Owners with mixed union and open-shop sites
Industrial plants with varied labor policies
Public works and prevailing wage projects
Regional work across union and open-shop markets
General contractors seeking one ownership group
Competitive bids requiring flexibility
How Double-Breasted Compares to Other Contractor Types
Labor structure is one way to qualify a scaffold contractor for a project. Here is how the options compare.
Union scaffold contractor
- Signatory to collective bargaining agreements
- Crews from union hiring halls
- Union apprenticeship training
- Best for union-required projects
Non-union scaffold contractor
- Hires and employs workers directly
- No union agreements
- Often competitive on price
- Best for open-shop projects
Union and open-shop companies
- Two separate companies, common ownership
- One union, one open shop
- Must operate independently
- Best for owners with mixed labor needs
Project labor agreements
- Works under project-specific labor agreements
- Terms set for one project
- Common on large public and private projects
- Best for PLA-covered work
Credentialed scaffold crews
- Crews hold recognized certifications
- Applies to union or open-shop crews
- Training and experience documented
- Best for verifying builder skill
Find Double-Breasted Scaffold Contractors Near You
Use the Scaffold Exchange map to search by location, filter by qualification, and connect directly with scaffold contractors that operate both union and open-shop companies.
OSHA Compliance & Safety Standards
OSHA's safety requirements apply equally to union and open-shop crews. Under 29 CFR 1926.20, construction employers must initiate and maintain programs to provide frequent and regular inspections of job sites, materials, and equipment by competent persons. Each company in a double-breasted operation is responsible for its own safety program, training, and records, and for meeting OSHA's scaffold requirements on every job.
- Each company maintains its own safety program
- Regular job site inspections by competent persons
- Scaffold training for every crew
- Separate training and injury records
- Insurance and licensing for each company
- Owner and GC safety requirements met
1926.20
General Safety and Health Provisions — U.S. Construction Regulations
OSHA Interpretations & Rulings →