HF 2294 (LSB 5524YH (3) 90)

HOUSE FILE 2294

BY  CROKEN, ABDUL-SAMAD, STECKMAN, SCHEETZ, and WILBURN

A BILL FOR

An Act requiring the consideration of project labor agreements for certain state construction projects.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  72.6  Project labor agreements.
   1.  For the purposes of this section:
   a.  “Labor organization” means an area or state building and construction trades or crafts council, organization, or association or a comparable body.
   b.  “Large-scale construction project” means the construction, rehabilitation, alteration, conversion, extension, repair, or improvement of a vertical public works project, including a building and other real property-related project, for which the total project cost is twenty-five million dollars or more.
   c.  “Project labor agreement” means a comprehensive pre-hire collective bargaining agreement that is negotiated between a project’s owner and an appropriate labor organization and sets out the basic terms and working conditions for that particular project.
   2.  A state agency shall consider using a project labor agreement in connection with a large-scale construction project as provided in this section.
   3.  In awarding a contract in connection with a large-scale construction project, or in obligating funds pursuant to such a contract, a state agency, on a project-by-project basis, may require the use of a project labor agreement when the use will advance the state’s interest. In making the decision whether to use a project labor agreement, the state agency shall consider the following factors:
   a.  The potential for a labor disruption, such as a strike, lockout, or slowdown, that could affect the timely completion of the project.
   b.  The number of trades and crafts anticipated to be used on the project.
   c.  The need and urgency of the project and the harm to the public if the completion of the project is delayed.
   d.  The size and complexity of the project and the time needed for its completion.
   e.  The benefits to the public from the use of the project labor agreement relative to the project’s cost, efficiency, quality, safety, and timeliness of completion.
   f.  The ability to ensure compliance with all applicable state laws and rules governing safety and health, equal employment opportunity, labor, and employment standards.
   4.  If a state agency determines that the use of a project labor agreement will advance the state’s interest, the state agency may 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. The decision to use a project labor agreement shall be supported by written findings by the affected state agency that demonstrate how the use of a project labor agreement will benefit the state’s interest, particularly with respect to the factors enumerated in subsection 3.
   5.  A project labor agreement reached pursuant to this section shall do all of the following:
   a.  Bind all contractors and subcontractors on the large-scale 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 but not limited to productivity, quality of work, safety, and health.
   f.  Fully conform to all applicable state laws and rules.
   6.  This section shall not be construed to preclude the use of a project labor agreement on any construction project not otherwise subject to this section. This section shall not be construed to require a contractor or subcontractor to enter into a project labor agreement with any particular labor organization.
   7.  This section applies notwithstanding section 26.16 and chapter 73A, subchapter III.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a state agency to consider using a project labor agreement for a large-scale construction project. The bill defines a “project labor agreement” as a comprehensive pre-hire collective bargaining agreement that is negotiated between a project’s owner and an appropriate labor organization and sets out the basic terms and working conditions for that particular project. The bill defines a “large-scale construction project” as the construction, rehabilitation, alteration, conversion, extension, repair, or improvement of a vertical public works project, including a building and other real property-related project, for which the total project cost is $25 million or more. The bill authorizes a state agency to require the use of a project labor agreement when the use will advance the state’s interest. The bill sets out certain factors for making such a decision. The bill delineates requirements for a project labor agreement. The bill specifies that the bill should not be construed to preclude a state agency from using a project labor agreement for any construction project not otherwise covered by the bill. The bill specifies that the bill should not be construed to require a contractor or subcontractor to enter into a project labor agreement with any particular labor organization.
   The bill applies notwithstanding provisions of law prohibiting certain prequalification requirements and award conditions for public improvement projects.