House File 30 - Introduced
HOUSE FILE
BY HUNTER
A BILL FOR
1 An Act requiring the consideration of project labor agreements
2 for certain state construction projects.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1273YH (2) 86
je/rj
PAG LIN
1 1 Section 1. NEW SECTION. 72.6 Project labor agreements.
1 2 1. For the purposes of this section:
1 3 a. "Labor organization" means an area or state building
1 4 and construction trades or crafts council, organization, or
1 5 association or a comparable body.
1 6 b. "Large=scale construction project" means the
1 7 construction, rehabilitation, alteration, conversion,
1 8 extension, repair or improvement of a vertical public works
1 9 project, including a building and other real property=related
1 10 project, where the total project cost is twenty=five million
1 11 dollars or more.
1 12 c. "Project labor agreement" means a comprehensive pre=hire
1 13 collective bargaining agreement that is negotiated between a
1 14 project's owner and an appropriate labor organization and sets
1 15 out the basic terms and working conditions for that particular
1 16 project.
1 17 2. A state agency shall consider using a project labor
1 18 agreement in connection with a large=scale construction project
1 19 as provided in this section.
1 20 3. In awarding a contract in connection with a large=scale
1 21 construction project, or in obligating funds pursuant to such a
1 22 contract, a state agency, on a project=by=project basis, may
1 23 require the use of a project labor agreement where the use will
1 24 advance the state's interest. In making the decision whether
1 25 to use a project labor agreement, the state agency shall
1 26 consider the following factors:
1 27 a. The potential for a labor disruption, such as a strike,
1 28 lockout, or slowdown, which could affect the timely completion
1 29 of the project.
1 30 b. The number of trades and crafts anticipated to be used
1 31 on the project.
1 32 c. The need and urgency of the project and the harm to the
1 33 public if the completion of the project is delayed.
1 34 d. The size and complexity of the project and the time
1 35 needed for its completion.
2 1 e. The benefits to the public from the use of a project
2 2 labor agreement relative to a project's cost, efficiency,
2 3 quality, safety, and timeliness of completion.
2 4 f. The ability to ensure compliance with all applicable
2 5 state laws and rules governing safety and health, equal
2 6 employment opportunity, labor, and employment standards.
2 7 4. If a state agency determines that the use of a project
2 8 labor agreement will advance the state's interest, the state
2 9 agency may require that every contractor or subcontractor
2 10 on the project agree, for that project, to negotiate or
2 11 become a party to a project labor agreement with one or more
2 12 appropriate labor organizations. The decision to use a project
2 13 labor agreement shall be supported by written findings by
2 14 the affected state agency which demonstrate how the use of a
2 15 project labor agreement will benefit the state's interest,
2 16 particularly with respect to the factors enumerated in
2 17 subsection 3.
2 18 5. A project labor agreement reached pursuant to this
2 19 section shall do all of the following:
2 20 a. Bind all contractors and subcontractors on the
2 21 large=scale construction project through the inclusion of
2 22 appropriate specifications in all relevant solicitation
2 23 provisions and contract documents.
2 24 b. Allow all contractors and subcontractors to compete for
2 25 contracts and subcontracts without regard to whether they are
2 26 otherwise parties to collective bargaining agreements.
2 27 c. Contain guarantees against strikes, lockouts, and similar
2 28 job disruptions.
2 29 d. Set forth effective, prompt, and mutually binding
2 30 procedures for resolving labor disputes arising during the term
2 31 of the project labor agreement.
2 32 e. Provide other mechanisms for labor=management cooperation
2 33 on matters of mutual interest and concern, including but not
2 34 limited to productivity, quality of work, safety, and health.
2 35 f. Fully conform to all applicable state laws and rules.
3 1 6. This section shall not be construed to preclude the
3 2 use of a project labor agreement on any construction project
3 3 not otherwise subject to this section. This section shall
3 4 not be construed to require a contractor or subcontractor to
3 5 enter into a project labor agreement with any particular labor
3 6 organization.
3 7 EXPLANATION
3 8 The inclusion of this explanation does not constitute agreement with
3 9 the explanation's substance by the members of the general assembly.
3 10 This bill relates to project labor agreements for state
3 11 construction projects.
3 12 The bill includes definitions relating to project labor
3 13 agreements. The bill requires a state agency to consider
3 14 using a project labor agreement for a large=scale construction
3 15 project. The bill defines a "large=scale construction project"
3 16 as the construction, rehabilitation, alteration, conversion,
3 17 extension, repair, or improvement of a vertical public works
3 18 project, including a building and other real property=related
3 19 project, where the total project cost is $25 million or more.
3 20 The bill provides that a state agency may require the use of a
3 21 project labor agreement where the use will advance the state's
3 22 interest. The bill sets out certain factors for making such
3 23 a decision. The bill delineates the effects of a project
3 24 labor agreement. The bill specifies that the bill should not
3 25 be construed to preclude a state agency from using a project
3 26 labor agreement for any construction project not otherwise
3 27 covered by the bill. The bill specifies that the bill should
3 28 not be construed to require a contractor or subcontractor to
3 29 enter into a project labor agreement with any particular labor
3 30 organization.
LSB 1273YH (2) 86
je/rj