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House File 194 - IntroducedA Bill ForAn Act 1requiring the consideration of project labor agreements
2for certain state construction projects.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 72.6 Project labor agreements.
21. For the purposes of this section:
3a. “Labor organization” means an area or state building
4and construction trades or crafts council, organization, or
5association or a comparable body.
6b. “Large-scale construction project” means the
7construction, rehabilitation, alteration, conversion,
8extension, repair or improvement of a vertical public works
9project, including a building and other real property-related
10project, where the total project cost is twenty-five million
11dollars or more.
12c. “Project labor agreement” means a comprehensive pre-hire
13collective bargaining agreement that is negotiated between a
14project’s owner and an appropriate labor organization and sets
15out the basic terms and working conditions for that particular
16project.
172. A state agency shall consider using a project labor
18agreement in connection with a large-scale construction project
19as provided in this section.
203. In awarding a contract in connection with a large-scale
21construction project, or in obligating funds pursuant to such a
22contract, a state agency, on a project-by-project basis, may
23require the use of a project labor agreement where the use will
24advance the state’s interest. In making the decision whether
25to use a project labor agreement, the state agency shall
26consider the following factors:
27a. The potential for a labor disruption, such as a strike,
28lockout, or slowdown, which could affect the timely completion
29of the project.
30b. The number of trades and crafts anticipated to be used
31on the project.
32c. The need and urgency of the project and the harm to the
33public if the completion of the project is delayed.
34d. The size and complexity of the project and the time
35needed for its completion.
-1- 1e. The benefits to the public from the use of the project
2labor agreement relative to the project’s cost, efficiency,
3quality, safety, and timeliness of completion.
4f. The ability to ensure compliance with all applicable
5state laws and rules governing safety and health, equal
6employment opportunity, labor, and employment standards.
74. If a state agency determines that the use of a project
8labor agreement will advance the state’s interest, the state
9agency may require that every contractor or subcontractor
10on the project agree, for that project, to negotiate or
11become a party to a project labor agreement with one or more
12appropriate labor organizations. The decision to use a project
13labor agreement shall be supported by written findings by
14the affected state agency which demonstrate how the use of a
15project labor agreement will benefit the state’s interest,
16particularly with respect to the factors enumerated in
17subsection 3.
185. A project labor agreement reached pursuant to this
19section shall do all of the following:
20a. Bind all contractors and subcontractors on the
21large-scale construction project through the inclusion of
22appropriate specifications in all relevant solicitation
23provisions and contract documents.
24b. Allow all contractors and subcontractors to compete for
25contracts and subcontracts without regard to whether they are
26otherwise parties to collective bargaining agreements.
27c. Contain guarantees against strikes, lockouts, and similar
28job disruptions.
29d. Set forth effective, prompt, and mutually binding
30procedures for resolving labor disputes arising during the term
31of the project labor agreement.
32e. Provide other mechanisms for labor-management cooperation
33on matters of mutual interest and concern, including but not
34limited to productivity, quality of work, safety, and health.
35f. Fully conform to all applicable state laws and rules.
-2- 16. This section shall not be construed to preclude the
2use of a project labor agreement on any construction project
3not otherwise subject to this section. This section shall
4not be construed to require a contractor or subcontractor to
5enter into a project labor agreement with any particular labor
6organization.
77. This section applies notwithstanding section 26.16 and
8chapter 73A, subchapter III.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill requires a state agency to consider using a project
13labor agreement for a large-scale construction project. The
14bill defines a “project labor agreement” as a comprehensive
15pre-hire collective bargaining agreement that is negotiated
16between a project’s owner and an appropriate labor organization
17and sets out the basic terms and working conditions for
18that particular project. The bill defines a “large-scale
19construction project” as the construction, rehabilitation,
20alteration, conversion, extension, repair, or improvement
21of a vertical public works project, including a building
22and other real property-related project, where the total
23project cost is $25 million or more. The bill authorizes a
24state agency to require the use of a project labor agreement
25where the use will advance the state’s interest. The bill
26sets out certain factors for making such a decision. The
27bill delineates requirements for a project labor agreement.
28The bill specifies that the bill should not be construed to
29preclude a state agency from using a project labor agreement
30for any construction project not otherwise covered by the bill.
31The bill specifies that the bill should not be construed to
32require a contractor or subcontractor to enter into a project
33labor agreement with any particular labor organization.
34The bill applies notwithstanding provisions of law
35prohibiting certain prequalification requirements and award
-3-1conditions for public improvement projects.
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2for certain state construction projects.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 72.6 Project labor agreements.
21. For the purposes of this section:
3a. “Labor organization” means an area or state building
4and construction trades or crafts council, organization, or
5association or a comparable body.
6b. “Large-scale construction project” means the
7construction, rehabilitation, alteration, conversion,
8extension, repair or improvement of a vertical public works
9project, including a building and other real property-related
10project, where the total project cost is twenty-five million
11dollars or more.
12c. “Project labor agreement” means a comprehensive pre-hire
13collective bargaining agreement that is negotiated between a
14project’s owner and an appropriate labor organization and sets
15out the basic terms and working conditions for that particular
16project.
172. A state agency shall consider using a project labor
18agreement in connection with a large-scale construction project
19as provided in this section.
203. In awarding a contract in connection with a large-scale
21construction project, or in obligating funds pursuant to such a
22contract, a state agency, on a project-by-project basis, may
23require the use of a project labor agreement where the use will
24advance the state’s interest. In making the decision whether
25to use a project labor agreement, the state agency shall
26consider the following factors:
27a. The potential for a labor disruption, such as a strike,
28lockout, or slowdown, which could affect the timely completion
29of the project.
30b. The number of trades and crafts anticipated to be used
31on the project.
32c. The need and urgency of the project and the harm to the
33public if the completion of the project is delayed.
34d. The size and complexity of the project and the time
35needed for its completion.
-1- 1e. The benefits to the public from the use of the project
2labor agreement relative to the project’s cost, efficiency,
3quality, safety, and timeliness of completion.
4f. The ability to ensure compliance with all applicable
5state laws and rules governing safety and health, equal
6employment opportunity, labor, and employment standards.
74. If a state agency determines that the use of a project
8labor agreement will advance the state’s interest, the state
9agency may require that every contractor or subcontractor
10on the project agree, for that project, to negotiate or
11become a party to a project labor agreement with one or more
12appropriate labor organizations. The decision to use a project
13labor agreement shall be supported by written findings by
14the affected state agency which demonstrate how the use of a
15project labor agreement will benefit the state’s interest,
16particularly with respect to the factors enumerated in
17subsection 3.
185. A project labor agreement reached pursuant to this
19section shall do all of the following:
20a. Bind all contractors and subcontractors on the
21large-scale construction project through the inclusion of
22appropriate specifications in all relevant solicitation
23provisions and contract documents.
24b. Allow all contractors and subcontractors to compete for
25contracts and subcontracts without regard to whether they are
26otherwise parties to collective bargaining agreements.
27c. Contain guarantees against strikes, lockouts, and similar
28job disruptions.
29d. Set forth effective, prompt, and mutually binding
30procedures for resolving labor disputes arising during the term
31of the project labor agreement.
32e. Provide other mechanisms for labor-management cooperation
33on matters of mutual interest and concern, including but not
34limited to productivity, quality of work, safety, and health.
35f. Fully conform to all applicable state laws and rules.
-2- 16. This section shall not be construed to preclude the
2use of a project labor agreement on any construction project
3not otherwise subject to this section. This section shall
4not be construed to require a contractor or subcontractor to
5enter into a project labor agreement with any particular labor
6organization.
77. This section applies notwithstanding section 26.16 and
8chapter 73A, subchapter III.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill requires a state agency to consider using a project
13labor agreement for a large-scale construction project. The
14bill defines a “project labor agreement” as a comprehensive
15pre-hire collective bargaining agreement that is negotiated
16between a project’s owner and an appropriate labor organization
17and sets out the basic terms and working conditions for
18that particular project. The bill defines a “large-scale
19construction project” as the construction, rehabilitation,
20alteration, conversion, extension, repair, or improvement
21of a vertical public works project, including a building
22and other real property-related project, where the total
23project cost is $25 million or more. The bill authorizes a
24state agency to require the use of a project labor agreement
25where the use will advance the state’s interest. The bill
26sets out certain factors for making such a decision. The
27bill delineates requirements for a project labor agreement.
28The bill specifies that the bill should not be construed to
29preclude a state agency from using a project labor agreement
30for any construction project not otherwise covered by the bill.
31The bill specifies that the bill should not be construed to
32require a contractor or subcontractor to enter into a project
33labor agreement with any particular labor organization.
34The bill applies notwithstanding provisions of law
35prohibiting certain prequalification requirements and award
-3-1conditions for public improvement projects.
-4-je/rn