SENATE DOCKET, NO. 2313 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 2027
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The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul W. Mark
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing project labor agreements.
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PETITION OF:
Name: | District/Address: |
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Paul W. Mark | Berkshire, Hampden, Franklin and Hampshire |
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Susannah M. Whipps | 2nd Franklin | 2/13/2023 |
Marc R. Pacheco | Third Bristol and Plymouth | 2/13/2023 |
Jack Patrick Lewis | 7th Middlesex | 2/13/2023 |
Michael D. Brady | Second Plymouth and Norfolk | 2/13/2023 |
Thomas M. Stanley | 9th Middlesex | 2/13/2023 |
Jacob R. Oliveira | Hampden, Hampshire and Worcester | 2/13/2023 |
John Barrett, III | 1st Berkshire | 2/21/2023 |
James B. Eldridge | Middlesex and Worcester | 3/6/2023 |
Paul R. Feeney | Bristol and Norfolk | 3/6/2023 |
James K. Hawkins | 2nd Bristol | 3/30/2023 |
Carol A. Doherty | 3rd Bristol | 5/9/2023 |
Carmine Lawrence Gentile | 13th Middlesex | 6/8/2023 |
Mathew J. Muratore | 1st Plymouth | 6/20/2023 |
Walter F. Timilty | Norfolk, Plymouth and Bristol | 6/21/2023 |
Brendan P. Crighton | Third Essex | 7/26/2023 |
Rebecca L. Rausch | Norfolk, Worcester and Middlesex | 10/3/2023 |
Nick Collins | First Suffolk | 10/25/2023 |
SENATE DOCKET, NO. 2313 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 2027
By Mr. Mark, a petition (accompanied by bill, Senate, No. 2027) of Paul W. Mark, Susannah M. Whipps, Marc R. Pacheco, Jack Patrick Lewis and other members of the General Court for legislation to authorize project labor agreements. State Administration and Regulatory Oversight. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing project labor agreements.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 15 of chapter 149A of the General Law is hereby amended by inserting after the last paragraph the following paragraphs:-
“Construction” means the construction, reconstruction, installation, demolition, maintenance or repair of public works or a building project.
“Labor organization” means a labor organization as defined in 29 U.S.C. 152(5) of the National Labor Relations Act of which building and construction employees are members.
“Lead construction firm” means the entity that executes a construction contract with the public agency, whether a general contractor, contractor principal, trade contractor, construction manager, design builder or other entity.
“Project labor agreement” means a pre-hire 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 U.S.C. 158(f) of the National Labor Relations Act.
“Awarding authority”, the commonwealth, or any political subdivision, department, agency, board, commission, authority, or other instrumentality thereof, or any county, city, town, or district. To the extent not otherwise prohibited, this definition includes public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962.
SECTION 2. Section 44A of Chapters 149 and Section of the General Laws is hereby amended by inserting after Section 44A the following section:-.
Section 44A1/4
Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such a public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
the efficiency, cost and direct and indirect economic benefits to the public agency;
the availability of a sufficient supply of skilled, qualified workers to complete the project;
the timing, prevention of delays or disruptions to the construction process;
the safety and quality of the public construction project;
the ability of public agencies to ensure that all contractors and subcontractors are responsible, eligible construction firms under Section 44A(1) of this chapter;
the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local
the advancement of minority and women-owned contracting businesses; and communities;
the promotion of employment and training opportunities for women, minority workers, and veterans.
Nothing in this Section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
contain guarantees against strikes, lockouts, and similar job disruptions;
incorporate goals for the percentage of apprentice hours to be employed on the project;
incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 3. Section 39M of Chapters 30 of the General Laws is hereby amended by inserting after Section 39M the following section:-.
Section 39M1/4
Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such a public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
the efficiency, cost and direct and indirect economic benefits to the public agency;
the availability of a sufficient supply of skilled, qualified workers to complete the project;
the timing, prevention of delays or disruptions to the construction process;
the safety and quality of the public construction project;
the ability of public agencies to ensure that all contractors and subcontractors are responsible, eligible construction firms under Section 44A(1) of this chapter;
the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
the advancement of minority and women-owned contracting businesses; and
the promotion of employment and training opportunities for women, minority workers, and veterans.
Nothing in this Section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
contain guarantees against strikes, lockouts, and similar job disruptions;
incorporate goals for the percentage of apprentice hours to be employed on the project;
incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 4. Nothing in this Act shall limit publicly assisted projects from using Project Labor Agreements.
SECTION 5. The provisions of this act are severable. If any provision is determined to be invalid, the remainder of this act shall remain in full force and effect.
SECTION 6. Chapters 149A of the General Laws are hereby amended by inserting after section 21, the following
Section 22. Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such a public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
the efficiency, cost and direct and indirect economic benefits to the public agency;
he availability of a sufficient supply of skilled, qualified workers to complete the project;
the timing, prevention of delays or disruptions to the construction process;
the safety and quality of the public construction project;
the ability of public agencies to ensure that a sufficient compliment contractors and sub-contractors meet the pre-qualification standards and requirements of Section 8 of 149A of this chapter;
the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
the advancement of minority and women-owned contracting businesses; and
the promotion of employment and training opportunities for women, minority workers, and veterans.
Nothing in this Section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
contain guarantees against strikes, lockouts, and similar job disruptions;
incorporate goals for the percentage of apprentice hours to be employed on the project;
incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 7. Nothing in this Act shall limit publicly assisted projects from using Project Labor Agreements.
SECTION 8. The provisions of this act are severable. If any provision is determined to be invalid, the remainder of this act shall remain in full force and effect.