HP1051, LD 1439, item 1, An Act To Ensure Quality, Safety and Accountability on Public Construction Projects

An Act To Ensure Quality, Safety and Accountability on Public Construction Projects

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §1317 is enacted to read:

§ 1317. Project labor agreements

1. Policy. It is declared to be the policy of the State to encourage public authorities to consider requiring the use of project labor agreements in connection with large-scale construction projects in order to promote economy and efficiency in state procurement.

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

B. "Large-scale construction project" means a construction project of which the total cost to the State is $10,000,000 or more.

C. "Project labor agreement" means a prehire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 United States Code, Section 158(f).

3. Project labor agreement may be required. A public authority may require a project labor agreement as follows.

A. When awarding a contract in connection with a large-scale construction project, or obligating funds pursuant to such a contract, a public authority may, on a project-by-project basis, require the use of a project labor agreement by a contractor if use of such an agreement will:

(1) Advance the State's interest in achieving economy and efficiency in State procurement by producing labor-management stability and ensuring compliance with laws governing safety and health, equal employment opportunity, labor and employment standards and other matters; and

(2) Be consistent with law.

B. If a public authority determines under paragraph A that the use of a project labor agreement will satisfy the criteria in subparagraphs (1) and (2), the public authority may, if appropriate, require that every contractor or subcontractor on the project agree, for that project, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.

4. Terms. A project labor agreement reached pursuant to this section must:

A. Bind all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents;

B. Allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

C. Contain guarantees against strikes, lockouts and similar job disruptions;

D. Set forth effective, prompt and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

E. Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety and health; and

F. Fully conform to all relevant state and federal statutes, rules and regulations.

5. Limitations. Nothing in this section may be construed to:

A. Require a public authority to use a project labor agreement on any construction project;

B. Preclude the use of a project labor agreement in circumstances not covered by this section;

C. Require contractors or subcontractors to enter into a project labor agreement with any particular labor organization; or

D. Impair or otherwise affect authority granted by law to a public authority.

6. Application; rights or benefits. This section must be implemented consistent with applicable law and subject to the availability of state funding. This section does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its departments, agencies or entities, its officers, employees or agents or any other person.

Sec. 2. Report. The Department of Labor, in consultation with the Commissioner of Administrative and Financial Services, the Department of Transportation and the Maine Turnpike Authority, shall submit to the joint standing committee of the Legislature having jurisdiction over labor matters a report no later than January 1, 2021 with recommendations about whether broader use of project labor agreements, as defined in the Maine Revised Statutes, Title 26, section 1317, with respect to both construction projects undertaken under state contracts and construction projects receiving state financial assistance, would help to promote the economical, efficient and timely completion of such projects.

Sec. 3. Application. This Act applies to all solicitations for contracts issued on or after the effective date of this Act.

summary

This bill encourages the State to use project labor agreements for large-scale state-funded construction projects of $10,000,000 or more. A project labor agreement is a prehire collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project.

HP1051 LD 1439	Session - 129th Maine Legislature		LR 1059 Item 1
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