Amendment ID: S2439-2-R1

Redraft Amendment 2

Project labor agreements

Messrs. Pacheco and Brady move that the proposed new text be amended by inserting after section 5 the following sections:-

SECTION X. The funds authorized by item 4000-2026 of section 2 for the construction of a new facility for the Soldiers’ Home in Holyoke to replace the existing Soldiers’ Home facility that is sufficiently extensive in size, complexity and duration shall be expended pursuant to a project labor agreement and in accordance with the following conditions: (a) the provisions of sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to all contracts for said project; and (b) all construction employees employed in the construction of said project shall be paid not less than the wage rate established for the work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which shall include: (i) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (ii) mutually agreeable uniform work rules and schedules for the project; (iii) an obligation for any labor organization and its constituent members not to strike with respect to work on the project; and (iv) the participation goals of minority and women workers to be employed on each such contract and the processes and procedures to ensure compliance with those workforce participation goals, including the reporting and enforcement requirements of paragraph (G) of section 44A of said chapter 149. There shall be no precondition to the award of a contract that a bidder has previously entered into a collective bargaining agreement with a labor organization; provided, that the bidder shall be willing to execute and comply with the project labor agreement for the project if it is awarded a contract for the designated project.

SECTION X.  The funds authorized by item 4000-2026 of section 2 for the construction of a new facility for the Soldiers’ Home in Holyoke to replace the existing Soldiers’ Home facility that is sufficiently extensive in size, complexity and duration shall be expended pursuant to a project labor agreement and in accordance with the following further conditions: (a) in order to implement and monitor the progress of diversity and inclusion goals outlined in section X, there shall be established a committee known as the “Access, Inclusion and Diversity Committee” that shall meet monthly, in meetings open to the public, throughout the construction phase of the project. The committee shall regularly assess any obstacles to success of achieving inclusion of disadvantaged workers in the construction opportunities associated with this project and shall make recommendations for a program to overcome said obstacles. The committee shall receive regular reports from all contractors and sub-contractors regarding work hours, diversity, inclusion and progress toward the participation goals set forth in the agreement. The committee shall consist of 15 members: 5 members appointed by the Governor, 1 of whom shall serve as Chair, 2 of whom shall be representatives of female and minority business organizations, 2 of whom shall be local officials in Holyoke and surrounding communities; 2 members shall be appointed by the union trades working on the project, 2 members shall be appointed by contractors awarded work on the project, 2 members shall be appointed by the Black Economic Council of Massachusetts, 2 members shall be appointed by the Massachusetts Commission on the Status of Women, 2 members shall be appointed by the Disabled American Veterans of Massachusetts; (b) an agreement to facilitate the entry into the building and construction trades of interested veterans by designating “Helmets to Hardhats” to serve as a resource for preliminary orientation, apprenticeship programs, and other needs as mutually agreeable to foster veteran employment opportunities; (c) The division of capital asset management and maintenance, in consultation with the executive office of labor and workforce development, shall contract with Building Pathways to conduct pre-apprentice recruitment to facilitate compliance of minority and women worker goals and to promote veteran employment on the project; and (d) The division of capital asset management and maintenance shall conduct recruitment, prior to the awarding of bids, to facilitate the certification and participation of Massachusetts based, women owned businesses and minority owned businesses. The division shall make available, technical assistance grants to be used by women owned businesses and minority owned businesses to facilitate participation in the bid process. The division shall file with the legislature and the Access, Inclusion and Diversity Committee a comprehensive report, immediately after initial construction bids are awarded, outlining the steps taken by the division to recruit and certify women and minority owned businesses and the progress in meeting said diversity goals.