An Act Regarding Labor Contracts for Public Works Projects
Sec. 1. 26 MRSA §1304, sub-§5-A is enacted to read:
Sec. 2. 26 MRSA §1312, last ¶, as amended by PL 1997, c. 757, §10, is repealed.
Sec. 3. 26 MRSA §1316 is enacted to read:
§ 1316. Public works contract requirements
This section applies to public works contracts entered into, awarded or renewed after October 1, 2011.
(1) Become a member of or become affiliated with a labor organization; or
(2) Over the objection of the employee, pay dues or fees to a labor organization that exceed the employee's share of the labor organization's costs relating to collective bargaining, contract administration or grievance adjustment.
(1) A declaration that the provisions of the public works contract that violate the applicable statute are void;
(2) Costs and attorney’s fees; and
(3) Any other appropriate relief requested by the interested party.
Relief that would interfere with the labor relations of persons covered by the federal National Labor Relations Act, 29 United States Code, Chapter 7, Subchapter II may not be granted under this subsection.
summary
This bill provides that the plans, specifications and contract documents for a public works project may not require bidders, contractors or subcontractors to enter into or comply with certain agreements with labor organizations. The bill also provides a cause of action to challenge the awarding of a contract that violates these provisions.