093_SB1573

 
                                     LRB093 08807 RCE 09038 b

 1        AN ACT concerning project labor agreements.

 2        WHEREAS, the State of Illinois has a compelling  interest
 3    in  awarding  public  works  contracts  so  as  to ensure the
 4    highest standards of quality and  efficiency  at  the  lowest
 5    responsible cost; and

 6        WHEREAS,  a  project  labor agreement, which is a form of
 7    pre-hire collective bargaining agreement covering  all  terms
 8    and  conditions  of  employment  on  a  specific project, can
 9    ensure the highest standards of quality and efficiency at the
10    lowest responsible cost on appropriate public works projects;
11    and

12        WHEREAS, the State of Illinois has a compelling  interest
13    that  a  highly skilled workforce be employed on public works
14    projects to ensure lower  costs  over  the  lifetime  of  the
15    completed project for repairs and maintenance; and

16        WHEREAS,  project  labor  agreements provide the State of
17    Illinois with a guarantee that public works projects will  be
18    completed with highly skilled workers; and

19        WHEREAS,  project  labor agreements provide for peaceful,
20    orderly, and mutually binding procedures for resolving  labor
21    issues without labor disruption; and

22        WHEREAS,  project  labor agreements allow public agencies
23    to predict more accurately the  actual  cost  of  the  public
24    works project; and

25        WHEREAS,  the  use  of project labor agreements can be of
26    specific benefit to complex construction  projects  of  large
27    scope such as road construction and repair; and

28        WHEREAS, project labor agreements are useful from a cost,
29    efficiency, quality, safety, and timeliness standpoint and in
30    eliminating  potential  for friction by ensuring that work is
 
                            -2-      LRB093 08807 RCE 09038 b
 1    performed by trade unions that have  traditionally  performed
 2    and  have  trade  and  geographic  jurisdiction over the work
 3    performed; therefore

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section  1.  Short  title.  This  Act may be cited as the
 7    Project Labor Agreement Act.

 8        Section    5.  Public    works     projects.     On     a
 9    project-by-project  basis,  a State department, authority, or
10    instrumentality shall include a project labor agreement on  a
11    public  works  project  when  it  has  been determined that a
12    project labor agreement advances  the  State's  interests  of
13    cost,  efficiency, quality, safety, timeliness, skilled labor
14    force, and labor stability and the State's policy to  advance
15    minority-owned and female-owned businesses.

16        Section 10.  Negotiation of project labor agreement. When
17    it  has  been  determined  that  a project labor agreement is
18    appropriate for a particular public works  project,  a  State
19    department,  authority,  or  instrumentality  responsible for
20    implementing the project  shall  either  (i)  in  good  faith
21    negotiate  a project labor agreement with labor organizations
22    engaged  in  the   construction   industry   that   represent
23    experienced   and   skilled   construction  workers  or  (ii)
24    condition  the  award  of  a  project  manager   or   general
25    contractor  upon a requirement that the manager or contractor
26    negotiate in good faith a project labor agreement with  labor
27    organizations  engaged  in  the construction industry and, if
28    necessary, use the Department of Labor  to  reach  a  project
29    labor   agreement.   The   State  department,  authority,  or
30    instrumentality  may  reserve  the  right  to   approve   the
 
                            -3-      LRB093 08807 RCE 09038 b
 1    negotiated project labor agreement.

 2        Section  15.  Contents  of  project  labor  agreement.  A
 3    project labor agreement must:
 4             (1)  set  forth  effective,  immediate, and mutually
 5        binding procedures for resolving jurisdictional disputes,
 6        labor  disputes,  and  grievances  arising   before   the
 7        completion of work;
 8             (2)  contain  guarantees  against strikes, lockouts,
 9        or other similar actions;
10             (3)  standardize  the  terms   and   conditions   of
11        employment of labor on the public works project;
12             (4)  permit flexibility in work scheduling and shift
13        hours and times;
14             (5)  ensure   a   reliable  source  of  skilled  and
15        experienced labor;
16             (6)  further public policy objectives as to improved
17        employment opportunities for minorities, females, and the
18        economically disadvantaged in the construction industry;
19             (7)  permit contractors and subcontractors to retain
20        a percentage of their current workforce  in  addition  to
21        labor referred through the signatory labor organizations;
22             (8)  permit  the  selection  of the lowest qualified
23        responsible bidder, without regard to union or  non-union
24        status at other construction sites;
25             (9)  be   made   binding   on  all  contractors  and
26        subcontractors on the public works  project  through  the
27        inclusion   of  appropriate  bid  specifications  in  all
28        relevant bid documents; and
29             (10)  require all contractors and subcontractors  on
30        public  works  projects  to  sign  the  applicable master
31        collective   bargaining   agreements   with   the   labor
32        organizations having jurisdiction over the type  of  work
33        performed.
 
                            -4-      LRB093 08807 RCE 09038 b
 1        Section  20.  Justification  for project labor agreement.
 2    Any decision to use a project labor agreement  in  connection
 3    with  a public works project by a State agency, authority, or
 4    instrumentality shall be supported  by  a  written,  publicly
 5    disclosed    finding    by    the   agency,   authority,   or
 6    instrumentality setting forth the justification  for  use  of
 7    the project labor agreement.

 8        Section    25.  Implementation.   All   State   agencies,
 9    authorities,  and  instrumentalities  must  ensure  that  all
10    public works projects are implemented in a manner  consistent
11    with  the  terms  of this Act and are in full compliance with
12    all statutes, rules, and executive orders. In complying  with
13    this    Act,    all    State   agencies,   authorities,   and
14    instrumentalities are encouraged to implement  project  labor
15    agreements  when  consistent with the goals set forth in this
16    Act.

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.